GIFT  OF 


-<o 


Ohio  State  Library 

Legislative  Reference  Department 


REGULATION  OF 
PUBLIC  UTILITIES 

A  Comparison  of  the  New  York  and 
the   Wisconsin   Public   Utilities   Bills 


REGULATION 


OF 


PUBLIC  UTILITIES 


A  COMPARISON  OF  THE  NEW 
YORK  AND  THE  WISCONSIN 
PUBLIC    UTILITIES   BILLS 


BY 


ALLEN  RIPLEY  FOOTE 


Published  by  the 

LEGISLATIVE  REFERENCE  DEPARTMENT  OV 

THE  OHIO  STATE  LIBRARY. 


Columbus,  O.  : 

The  F.  J.  Heer  Printing  Co. 

1911 


4"^^ 


\\^^n 


This  comparison  was  originally  published  by  the  Legislative  Ref- 
erence Department  of  Wisconsin.  The  appendix  to  this  reprint  was 
prepared  by  the  Legislative  Reference  Department  of  the  Ohio  Sta*-* 
Library. 


REGULATION  OF  PUBLIC  UTILITIES. 


NEW  YORK  PUBLIC  UTILITIES  BILL. 
WISCONSIN  PUBLIC  UTILITIES  BILL. 


COMPARISON    OF    PROVISIONS. 

Note:  This  comparison  was  made  in  1907.  before  either  the  New 
York  or  the  Wisconsin  bill  was  enacted  into  law.  Each  bill  was  subse-- 
quently  amended  before  passage,  and  the  laws  have  also  been  amended. 

MOTIF. 

The  motif  of  the  Nezv  York  hill  is  arbitrary  power  —  a  club.  It 
is  destructive.  It  abolishes  the  state  board  of  railroad  commissioners; 
the  state  commission  of  gas  and  electricity;  the  state  or  city  office  of 
inspector  of  gas  meters,  and  the  New  York  board  of  rapid  transit  rail- 
road commissioners.  It  gives  all  the  powers  of  these  boards,  officers 
and  commissions  to  two  new  commissions,  one  for  New  York  City  and 
one  for  all  other  counties  of  the  state.  The  members  of  these  com- 
missions are  appointed  by  the  governor,  with  the  consent  of  the  senate, 
for  a  term  of  five  years,  after  the  initial  term,  and  removable  by  the 
governor  for  cause. 

The  motif  of  the  Wisconsin  bill  is  the  establishment  of  the  prin- 
ciples of  reciprocal  justice  between  public  utilities  and  the  users  of  the 
services  they  render.  It  gives  additional  powers  to  the  existing  board 
of  railroad  commissioners,  a  board  composed  of  three  commissioners, 
appointed  by  the  governor  with  the  consent  of  the  senate,  for  a  term  of 
six  years,  after  the  initial  term,  and  removable  by  the  governor  for 
cause. 

JURISDICTION. 

The  Nezv  York  bill  places  under  the  jurisdiction  of  its  commissioners 
all  railroads;  street  railroads;  common  carriers;  the  manufacture  and 
distribution  of  gas  and  electricity  for  light,  heat  and  power;  underground 
conduits  or  ducts  for  electrical  conductors  (section  66 — i)  ;  all  trans- 
portation  of   persons   or   property ;   and   all   persons,   corporations   and 


2^33^69 


4  LEGISLATIVE    RLFEKFNC;-:   OEPARTMFVT,    OHIO   STATE   LIBRARY. 

municipaiitieG  ( scelion  66 — 4,  5,  6,  7.  8,  &  9)  owning,  leasing,  operating 
and  controlling  the  same.     Street  railroads  are  included  in  the  provisions 

for  railroads  and  common  carriers.     Telephone  and  water  utilities  are 
omitted. 

The  iyisco)isiii  bill  places  under  the  jurisdiction  of  the  state  board 
of  railroad  commissioners  the  manufacture  and  distribution  of  gas  and 
electricity  for  light,  heat  and  power ;  telephone  and  water  services ; 
and  all  persons,  corporations  and  municipalities  owning,  leasing,  oper- 
ating and  controlling  the  same.  The  commission  has  complete  juris- 
diction of  railway  companies  (chapter  362,  laws  of  1905)  and  is  given 
complete  jurisdiction  of  street  railways  by  a  bill  now  pending. 

ORGANIZATION'  AND  EQUIPMENT  OF  COMMISSIONS. 

Provisions  in  both  bills  are  ample  for  the  organization  and  equip- 
ment of  commissions  to  enal)le  them  to  do  effective  work;  and  for  all 
purposes  of  investigation  and  examinations  to  obtain  information  by 
which  to  guide  their  actions  and  formulate  their  decisions,  their  powers 
are  sufficient ;  and  the  means  provided  for  the  exercise  of  such  powers 
are  ample. 

PURPOSK   OF   THE   COMMISSIONS. 

The  purpose  of  the  commissions  in  both  states,  is  declared  in  both 
bills  to  be  the  securing  of  adequate  service  and  reasonable  rates.  To 
this  end  all  rebates,  discriminations,  special  privileges  and  favors  to  any 
officer,  agent  or  employe  of  the  commission,  or  to  any  person,  firm, 
corporation  or  association  arc  declared  to  be  unlawful  and  are  strictly 
prohibited.  All  equii)nient  and  methods  of  manufacturing,  distributing, 
measuring  and  charging  for  services  are  placed  under  supervision  and 
examination,  and  the  quality,  purity  and  pressure  of  the  product  sold 
are  made  the  subject  of  continuous  tests  and  observation.  The  publica- 
tion of  schedules  for  inspection  by  consumers  or  users  is  required,  and  it 
is  made  unlawful  to  charge  greater  or  less  rates  than  those  shown  on 
published  schedules. 

COMPETITION    AS   A    MEANS   OF   SECURING   ADEQUATE    SERVICE   AND   REASOX- 

ARl.E    RATES. 

The  New  }'<>rh'  bill  jirohibits  the  exercise  of  any  right  or  privilege 
under  any  francliise  hereafter  granted,  or  under  any  franchise  heretofore 
granted  but  not  actually  exercised,  without  authority  of  a  commission. 
(Section  68.)  This  gives  the  New  York  commission  full  power  to  pro- 
hibit competition. 

'I'lir  JVisconsin  hill  gives  power  to  the  commission  to  require,  for 
a  reasonable  compensation,  the  joint  use  by  any  public  utility  of  any  con- 


REGULATION    OF    PUBLIC    UTILITIES.  5 

duits,  subways,  poles  or  other  equipment  on,  over  or  under  any  street 
or  highway.  (Section  4 — i.)  It  also  provides  that  "no  license  or 
franchise  shall  be  granted  where  there  is  in  operation,  under  an  inde- 
terminate permit,  a  public  utility  engaged  in  a  similar  service  without 
first  securing  from  the  commission  a  declaration,  after  hearing,  of  rea- 
sonable necessity,"  and  that  "any  existing  franchise  which  shall  contain 
any  terms  interfering  with  the  existence  of  such  second  public  utility  is 
hereby  amended  to  permit  municipality  to  grant  license  or  permit  for 
operation  of  second  public  utility."  (Section  74.)  Telephone  companies 
are  not  included  in  these  provisions  since  they  are  by  law  permitted  to 
operate  without  franchise. 

This  gives  the  Wisconsin  commission  full  power  to  prohibit  compe- 
tition, subject  to  review  by  the  courts. 

MUNICIPAL    OWNERSHIP. 

TJie  Nezv  York  bill  provides  (section  68)  that  no  municipality  shall 
build,  maintain  and  operate  for  other  than  municipal  purposes  any 
works  or  system  for  the  manufacture  and  supplying  of  gas  or  electricity 
for  lighting  purposes  without  a  certificate  of  authority  granted  by  the 
commission. 

This  gives  the  New  York  commission  full  power  to  prohibit  munici- 
pal ownership. 

The  JVisconsin  bill  provides  (section  76)  that  "every  license,  permit 
or  franchise  hereafter  granted  to  any  public  utility  shall  be  subject  to  the 
provision  that  the  municipality  in  which  it  is  situate  may  purchase  the 
property  of  such  utility  within  said  municipality  actually  used  and  useful 
for  the  convenience  of  the  public,  at  any  time  as  provided  herein,  paying 
therefor  the  then  value  of  such  property  as  determined  by  the  commis- 
sion. Any  such  municipality  is  authorised  to  purchase  such  propert)', 
and  every  public  utility  operating  under  such  indeterminate  franchise  is 
required  to  sell  such  property  at  the  value  and  according  to  the  terms  and 
conditions  determined  by  the  commission,  subject  to  appeal  as  herein 
provided." 

Section  yy  provides  that  a  public  utility  operating  under  an  existing 
franchise  may  by  filing  a  written  surrender  thereof,  receive  by  operation 
of  law  an  indeterminate  permit,  and  that  the  filing  of  such  surrender 
constitutes  a  waiver  of  the  right  to  insist  upon  the  fulfillment  of  any 
contract  relating  to  i:ate,  charge  or  service  regulated  by  the  act. 

Section  78  provides  that  the  acceptance  of  an  indeterminate  fran- 
chise shall  be  deemed  a  consent  to  a  future  purchase  of  the  property 
by  the  municipality  in  which  the  major  part  of  it  is  situated  at  the  value 
and  under  the  terms  and  conditions  fixed  by  the  commission  and  shall  be 
deemed  a  waiver  of  the  constitutional  right  arising  under  a  provision 


(;  i.i-(;i<i,  A  ri\i:  ki-.i-i;ki- \<  i'  m- 1- \immi.nt.  oiini  stati-:  i.ibrarv. 

of  the  stale  cnnstitutiDii  re(|uiriii^  ilic  iKcc>>iiy  i>t'  the  taking  to  be  estab- 
lislied  by  the  verdict  of  a  jury. 

Section  79  gives  the  municipality  power:  (i)  to  construct  and 
operate  a  plant;  (2)  to  purchase  by  agreement  with  any  public  utility 
any  part  of  any  plant  on  terms  approved  by  the  commission  after  hear- 
ing; (3)  to  acquire  by  condemnation  any  plant  operated  under  a  fran- 
chise existing  at  the  time  the  act  takes  effect;  (4)  to  acquire  property 
of  a  public  utility  operating  under  an  indeterminate  permit. 

Section  80  provides  for  an  action  to  condemn  the  property  of  the 
public  utility  operating  under  a  franchise  granted  prior  to  the  tiine  this 
act  takes  eflfect. 

Section  81  provides  that  if  the  municipality  shall  have  determined 
to  acquire  a  plant  and  the  public  utility  has  consented  to  the  taking  over 
of  such  plant  by  the  acceptance  of  an  indeterminate  permit,  or  iri  case 
the  public  utility  shall  not  have  consented  to  such  taking  by  such  accept- 
ance, if  a  jury  shall  have  finmd  that  a  necessity  exists  for  the  taking 
of  such  plant,  then  the  municipality  shall  give  notice  of  such  determina- 
tion and  of  such  consent  or  such  verdict  to  the  public  utility  and  t<»  the 
commission. 

Section  82  provides  that  llic  coni'iiission  shall  thereupon,  after  public 
hearing  and  within  three  months.  Fix  and  determine  the  then  value  of 
the  property  and  all  terms  and  conditions  of  sale  and  purchase.  This 
value  and  thie  terms  and  conditions  shall  ci»nstitiUe  the  comiiensation 
and  terms  and  conditions  of  sale. 

Section  83  provides  that  the  public  utility  of  the  municipality  may 
prosecute  an  action  to  alter  or  amend  the  determination  of  the  com- 
mission. 

VALUATION    or    UTILITIF..^;. 

The  New  York  bill  contains  no  provision  for  the  valuation  of 
utilities. 

The  Wisconsin  1)111  provides  in  sections  3  to  7  inclusive,  for  the 
valuation  of  the  property  of  public  utilities,  i)ublic  hearings  on  the 
subject  of  valuation,  final  deterniination  of  value  and  re-valuations. 
Section  19  provides  for  full  publication  of  values.  Section  86  provides 
for  a  re-hearing  and  re-valuation  if  the  value  for  the  purposes  of  mimici- 
pal  purchase  fixed  by  the  prc\ious  order  ni  the  commission  be  adjudged 
t(j  be  unlawful. 

CONTROL    f)F    C  Al'lTALIZATION. 

The  A^'cTC  York  hill  in  sections  54.  -^^^  69  &  70  gives  power  to  the 
commission  to  control  the  issue  and  transfer  of  stocks,  bonds  and  other 
evidences  of  indebtedness  as  a  uuans  of  controlling  the  capitalization 
of  public  utilities. 


ki-:(;l'I-.\ii()\  (if  I'lntuc  utilities.  7 

The  IVisconsin  bill  has  no  ])rovision  to  prevent  stock-wateringl 
Under  its  provisions  rates  are  to  be  computed  on  true  value  and  it  was 
regarded  better  to  permit  capitalization  to  be  regulated  by  other  measures 
now  pending  before  the  legislature. 

UXIFORM     SYSTEM     OF    ACCOUNTING. 

The  Nczv  York  bill  prtjvidcs  in  section  52  that  "each  commission 
tnay,  whenever  it  deems  advisable,  establish  a  uniform  system  of  accounts 
to  be  used  by  railroad  and  street  railroad  corporations  or  other  common 
carriers,  and  may  prescrilie  the  manner  in  which  such  accounts  shall  be 
kept." 

It  provides  in  section  C^C^ — 4  that  each  commission  shall  "have  power, 
in  its  discretion,  to  prcscrilje  uniform  methods  of/  keeping  accounts, 
records  and  books,  to  be  observed  by  the  persons,  corporations  and- 
municipajities  engaged  in  the  manufacture,  sale  and  distribution  of  gas 
and  electricity  for  light  and  power." 

It  will  be  observed  that  these  provisions  are  permissive,  not  manda- 
tory. 

The  Wisconsin  bill  provides: 

Section  8.  i.  "Every  public  utility  shall  keep  and  render  to  the 
commission  in  the  manner  and  form  prescribed  by  the  commission  uni- 
form accounts  of  all  business  transacted." 

2.  Every  public  utility  engaged  directly  or  indirectly  in  any  other 
business  than  that  of  the  production,  transmission  or  furnishing  of 
heat,  light,  water  or  power  or  the  conveyance  of  telephone  messages 
shall,  if  required  by  the  commission,  keep  and  render  separately  to  the 
commission  in  like  manner  and  form  the  accounts  of  all  such  other 
business,  in  which  case  all  the  provisions  of  this  act  shall  apply  with  like 
force  and  efifect  to  the  books,  accounts,  papers  and  records  of  such  other 
business. 

Section  9.  "The  commission  shall  prescribe  the  form  of  all  books, 
accounts,  papers  and  records  to  be  kept  for  this  purpose,  and  every 
public  utility  is  required  to  keep  and  render  its  books,  accounts,  papers 
and  records  accurately  and  faithfully  in  the  manner  and  form  pre- 
scribed by  the  commission  and  to  comply  with  all  directions  of  the  com- 
mission relating  to  such  books,  accounts,  papers  and  records. 

Section  10.  The  commission  shall  cause  to  be  prepared  suitable 
blanks  for  carrying  out  the  purposes  of  this  act,  and  shall  when  neces- 
sary, furnish  such  blanks  to  each  public  utility. 

Section  11.  No  public  utility  shall  keep  any  other  books,  accounts, 
papers  or  records  of  the  business  transacted  than  those  prescribed  or 
approved  by  the  commission. 

It  will  be  observed  that  all  of  these  sections  are  mandatory.  Their 
enforcement  will  make  intelligent  regulation  possible. 


8  LEGISLATIVF.    REFF.RENCE   DEPARTMENT.    OHIO   STATE   LIBRARY. 

PUBLIC    UTILITY    REPORTS. 

The  A'cic  York  bill  i)rovi(les  in  section  46,  that  "each  commission 
shall  prescribe  the  form  of  annual  reports  rcciuirerl  to  be  made  by  com- 
mon carriers,  railroad  and  street  railroad  corporations ;  may  require  such 
reports  to  contain  information  in  relation  to  rates  or  regulations  concern- 
ing fares  or  freight,  agreements  or  contracts  affecting  the  same,  so  far  as 
such  rates  or  regulations  pertain  to  transportation  within  the  state.  The 
commission  may  also  require  such  corporations  to  file  monthly  reports 
of  earnings  and  expenses  within  a  specified  p^iod." 

In  respect  to  gas  and  electricity,  section  66 — 6  "requires  every 
person  and  corporation  under  its  supervision  to  submit  to  it  an  annual 
report  showing  in  detail : 

1.  Amount  of  authorized,  issued  and  outstanding  capital  stock. 

2.  Amount  authorized  bonded  indebtedness,  and  amount  of  bonds 
and  other  forms  of  indebtedness  issued  and  outstanding. 

3.  Receipts  and  expenditures  during  preceding  year. 

4.  Amount  paid  as  dividends  on  stock,  and  interest  on  bonds. 

5.  Name  of.  and  amount  paid  as  salary  to,  each  officer,  and  the 
amount  paid  as  wages  to  its  employes. 

6.  Location  of  plants  and  systems,  description  of  property  and 
franchises,  and  how  each  franchise  was  acquired. 

7.  Any  other  facts  as  may  be  required  by  the  commission. 

The  Wisconsin  bill  provides  in  section  18  that  "each  public  utility 
shall  furnish  to  the  commission  in  such  form  and  at  such  times  as  the 
commission  shall  require,  such  accounts,  reports  and  information  as 
shall  show  in  itemized  detail : 

1.  The  depreciation  per  unit; 

2.  Salaries  and  wages  separately  per  unit ; 

3.  Legal  expenses  per  unit ; 

4.  Taxes  and  rentals  separately  per  unit ; 

5.  Quantity  and  value  of  material  used  per  unit; 

6.  Receipts  from  residuals,  by-products,  service  or  other  sales 
separately  per  unit ; 

7.  Total  and  net  cost  per  unit ; 
X.     Gross  and  net  ])rofit  per  unit; 

i).     Dividends  and  interests  per  luiil ; 

H).     Surj)lus  or  reserve  per  unit  ; 

11.  Price  jier  unit  paid  by  customers;  and  in  addition  such  other 
items,  whetluT  of  a  nature  similar  to  those  hereinbefore  emnnerated  or 
otherwise,  as  the  couiinissinn  may  prescribe  in  order  to  show  completely 
and  in  detail  tlie  entire  operation  of  the  pMbbe  nlilitv  in  furnishini:  the 
unit  of  jtN  prDiIuct  nr  service  to  the  public 

1 


RF.(;il..\-n()\    OF    Pl'liLIC    UTIl.ITIKS.   .  9 

vSection  42  provides  that : 

1.  Every  piiulic  utility  shall  furnish  to  the  cor.inii.^sioii  all  infor- 
mation re(|uire(l. 

2.  Any  public  utility  receiving  from  the  commission  any  blanks 
with  directions  to  fill  the  same,  shall  cause  the  same  to  be  properly  tilled 
out  so  as  to  answer  full}-  and  correctly  each  question  therein  propounded, 
etc. 

3.  Whenever  rec|uired  Ijy  the  commission,  every  public  utility  shall 
deliver  to  tlie  commission,  any  or  all  maps,  profiles,  contracts,  re]j(jrts 
of  engineers  and  all  documents,  books,  accounts,  pa])ers  and  records 
or  copies  of  any  or  all  of  the  same,  with  a  com])lete  inventory  of  all  its 
property,  in  such  form  as  the  commission  may  direct. 

rI':.\.sonai;le  rates  of  ciiarcfs.  ' 

The  A'czc  York  bill  i)rovides  in  section  26,  that  "all  charges  made  or 
demanded  by  any  person,  corporation  or  common  carrier  shall  be  just 
and  reasonable  and  not  more  than  allowed  by  law  or  by  order  of  a 
commission." 

Section  28.  "Kvery  common  carrier  shall  file  with  a  commission 
and  shall  print  and  keep  open  to  ])ublic  ins])ection  schedides  showing 
the  rates  of  fare  and  charges,  and  separately  all  terminals,  storage,  icing 
and   other  charges." 

Section  29.  "Unless  a  commission  otherwise  orders  no  change  shall 
be  made  in  any  rate,  fare  or  charge  which  shall  have  been  filed  and 
published  by  a  common  carrier  except  after  thirty  days'  notice  to  the 
commission  and  publication  for  thirty  days.  The  ccMumission,  for  good 
cause  shown,  may  allow  the  changes  in  rates  without  recpiiring  thirty 
days'  notice." 

Section  30  requires  filing  with  a  commission  "the  name  of  the 
several  carriers  which  are  parties  to  a  joint  tariff  and  copies  of  every 
contract,  agreement  or  arrangement  with  any  other  carrier  or  carriers 
relating  in  any  way  to  the  transportation  of  pas.sengers,  property  or 
freight." 

Section  49  provi<les  that  "whenever  a  commission  shall  be  of  opinii)n, 
after  hearing  upon  a  com])laint,  that  the  rates,  fares  or  charges  demanded, 
exacted,  charged  or  collected,  or  that  the  regulations  or  practices,  are 
unjust,  unreasonable,  imjustl)'  discriminatory  or  unduly  preferential,  or 
in  any  wise  in  violation  of  any  provision  of  law.  the  commission  shall 
determine  the  just  and  rea.sonable  rates  to  be  thereafter  observed  and 
in  force  as  the  maximum,  and  shall  fix  the  same  by  orders  to  be  served 
upon  the  common  carriers." 

Section  71  provides  that  com])laints  as  to  (|uality  and  price  of  gas 
and  electricity  may  be  made  in  writing  by  the  mayor  of  a  city,  the 
trustees  of  a  village,  or  the  board  of  a  town,  or  by  not  less  than  one 


10  LliGISLATIVE    REFERENCE   DEPARTMENT.    OHIO   STATE   I.II'.RARY. 

Inindrecl  consinncrs  in  cities  of  the  first  and  second  class,  not  less  than 
fifty  in  cities  of  the  third  class,  or' not  less  than  twenty-five  elsewhere, 
and  the  commission  shall  investigate  the  coni]ilaint. 

Section  72  provides  that  the  commission  shall  cause  notice  to  be 
served  upon  any  person  or  corporation  affected  by  the  complaint  and 
give  them  opportunity  to  be  heard.  The  same  procedure  when  an  in- 
vestigation is  instituted  on  motion  of  the  commission.  After  hearing 
and  investigation,  the  commission  within  lawful  limits  may,  by  order, 
fix  the  maximum  price  of  gas  or  electricity  or  may  order  improvements 
in  the  service.  The  price  so  fixed  shall  be  the  maximum  price  to  be 
charged  until  the  commission  upon  complaint,  or  u])on  an  investigation 
conducted   by   its  own  motion,  again   fix  the  maximum   price. 

In  determining  the  price  the  commission  may  consider  all  facts 
which  in  its  judgment  have  any  bearing  ui)on  a  pnjpcr  determination 
of  the  question,  altliough  not  set  forth  in  the  com])laint  and  not  within 
the  allegations  contained  therein. 

Section  75  provides  "if  it  be  alleged  and  cslablisled  in  an  action 
brought  in  any  court  for  the  collection  of  any  charge  for  gas  or  elec- 
tricity, thai  a  ]:rice  has  been  demanded  in  excess  of  that  fixed  by  a 
ccmniission  or  ly  statute,  no  recovery  shall  Ijc  had  therein,  but  the 
fact  that  such  excessive  charges  have  l)een  made  sliall  ho  a  complete 
('efense  to  such  action. 

7//('  IVisconsin  bill  provides: 

Section  27,  for  the  filing  of  schedules  showing  all  rates,  tolls  and 
charges  in  force  at  the  time  for  every  service  performed,  which  shall 
not  exceed  the  rates  in  force  April  i,  1907. 

Section  28,  for  the  filing  of  rules  and  regulations  afTecting  charges. 

Section  29,  for  copies  of  schedules  for  inspection  by  coiishhuts. 

Section  30,  for  schedules  of  joint  rates  or  charges. 

Section  31,  no  change  to  l)e  made  excc])t  on  ten  (lay>"  notice  to 
commission. 

Section  32,  for  new  schedules  to  be  filed  for  inspection  by  consumers. 

Section  33,  declares  it  to  ])c  unlawful  to  charge  a  greater  or  less  rate 
than  shown  on  schedules. 

Section  34,  that  commission  may  i)rescril)e  changes  in  form  of 
schedules. 

Section  35,  that  commission  sliall  proviik-  comprehensive  classifica- 
tions of  service  that  shall  be  uniform  throughout  the  state. 

Section  46,  that  substitute  rates  and  regulations  may  be  ordered 
after  investigation. 

Section  47,  that  if,  after  hearing,  the  public  utility  has  been  found 
at  fault  as  to  any  rate  or  service  it  shall  i)ay  the  expenses  incurred 
bv  the  coiuniission  upon  the  investigation. 


REGULATION    OF    PUBLIC    UTILITIES.  11 

Section  48,  that  separate  hearings  may  be  had  on  each  rate. 

Section  60,  that  orders  fixing  rates  and  regulations,  certified  to 
Litihty,  take  efifect  in  twenty  days,  unless  otherwise  specified. 

Section  62,  commission  may  rescind,  alter  or  amend  orders. 

Section  63,  rates  and  regulations  fixed  by  commission  remain  in 
force  until  otherwise  ordered. 

Section  99  provides  that  the  commission  shall  have  emergency 
power  to  temporarily  alter,  amend,  or,  with  the  consent  of  the  utility 
concerned,  suspend  any  existing  rate  and  to  apply  the  change  to  one 
or  more  utilities  in  any  portion  of  the  state. 

Section  100  gives  commission  full  power  to  regulate  unreasonable, 
unjust  or  discriminatory  rates  in  case  not  specifically  mentioned. 

Section  105.  i.  Unless  the  commission  shall  order  otherwise,  it 
shall  be  unlawful  for  any  public  utility  to  demand,  collect  or  receive 
a  greater  compensation  for  any  service  than  the  charge  fixed  in  the 
lowest  schedules  of  rates  for  the  same  service  on  the  first  day  of  April, 
1907. 

2.  Every  public  utility  shall  file  copies  of  all  schedules  of  rates 
and  charges,  including  joint  rates,  in  force  on  the  first  day  of  April, 
1907  and  all  in  force  at  any  time  subsequent  to  said  date. 

3.  Every  public  utility  desiring  to  advance  or  discontinue  any 
rate  may  make  application  to  the  commission. 

4.  If  the  commission  find  the  change  applied  for  reasonable,  it 
shall  grant  the  application,  either  in  whole  or  in  part. 

5.  Any  public  utility  being  dissatisfied  with  any  order  of  the 
commission  made  under  the  provisions  of  this  section,  rnay  commence 
an  action  against  the  commission  in  the  circuit  court  in  the  manner  pro- 
vided in  sections  64  to  y-^  inclusive,  of  this  act. 

EXTENSIONS,    IMPROVEMENTS    AND    REPAIRS. 

The  New  York  bill  gives  the  commission  power,  in  section  27,  to 
order  the  construction  of  switches  and  sidetracks  for  the  accommodation 
of  shippers  and  to  specify  the  reasonable  compensation  for  the  con- 
struction, establishment  and  maintenance  of  the  same. 

Section  37  requires  sufficient  cars  and  motive  power,  and  that 
"the  commission  shall  have  power  to  make,  and  by  order  shall  make, 
reasonable  regulations  for  the  furnishing  and  distribution  of  freight  cars 
to  shippers,  for  the  switching  of  the  same,  for  the  loading  and  unload- 
ing thereof,  for  demurrage  charges  in  respect  thereto,  and  for  the  weigh- 
ing of  cars  and  freight  offered  for  shipment. 

Section  39  requires  continuous  carriage  from  place  of  shipment 
to  place  of  destination. 


12         i.i-:r.isLATivi-:  ki:i"i:ki:.\(  i-.  di  i-nkimi- .\  i .  >>\\\n  mmi.  i.ii-.k\K\. 

Section  50.  to  order  repairs,  improvements,  changes  or  additions 
to  promote  the  security  or  convenience  of  the  pubHc  or  emplo\'-.  '^r 
in  order  to  secure  adequate  service  or  facilities. 

.Section  51.  to  order  changes  in  time  schechiles.  the  running  oi  train.-.. 
adcHtional  cars  and   trains. 

Section  66 : 

1.  General  sui)ervision  of  all  i)crs()ns  and  corporations  having 
authority  for  the  purpose  of  furnishing  gas  or  electricity,  or  maintaining 
underground   conduits  or  ducts   for  electrical   conductors. 

2.  Investigate  quality,  methods  employed  in  manufacturing  and 
su]i])lving.  and  order  improvements. 

3.  Power  to  ti.x  standards  of  illuminating  power  and  purity  of  gas; 
methods  of  regulation  of  the  electric  supply  .system;  require  gas  to  equal 
standard ;  regulations  as  to  pressure,  and  of  its  own  motion,  examine 
and  investigate  methods  employed  in  manufacturing,  delivering  and 
supplying  gas. 

5.     See  tliat  jjroperty  is  ])r()])crly  maintained  and  operated. 

8.  To  enter  in  or  upon  and  to  inspect  the  proi)erty,  buildings, 
plants,  factories,  power  houses  and  offices. 

Section  67.  to  appoint  inspectors  and  ])n)hil)it  the  use  of  gas  and 
electric  meters  not  inspected,  approved,  stamped  or  marked  by  an  in- 
spector of  the  commission  ;  every  gas  and  electric  corporation  shall  pro- 
vide and  keep  suitable  ai)paratus  to  be  approved,  stamped  or  marked 
by  the  commission  to  be  used  in  testing,  etc.,  and  shall  make  tests  in 
presence  of  consumer  if  desired. 

Section  71.  investigate  com])laints  as  to  quality  or  price  of  gas 
and  electricity. 

Section  J2,  after  investigation  may.  by  order,  order  such  imprt>ve- 
menls  in  the  manufacture.  supi)ly  or  transmission  or  in  methoc'.>  em- 
ployed, as  will  in  its  judgment  improve  the  service. 

Tlu-  iriscoiislii  hill  provides  in  section  4.  that  the  commission  may 
order  joint  use  of  conduits,  subways,  poles  or  other  equipment,  and  by 
order  prescribe  reasonable  conditions  and  compensation  therefor. 

Section  16.  keej)  informed  of  all  new  constructions,  extensions  and 
additicMis  to  property. 

Section  22.  ])rescribe  for  each  kind  of  utility  a  convenient  standar<l 
unit  of  product  or  service. 

Section  23.  fix  ade(|uate  and  serviceable  standards  of  mea>>uremeni-<. 
(juality.  pressure,  initial  voltage  and  prescribe  regulations  for  examina- 
tions and  testing:  iiiles.  regulations,  specifications  and  standards  tovse- 
cine  accuracy  in  meters  an<l  appliances.  Nothing  contained  in  this  sec- 
tion shall  limit  in  any  manner  any  powers  or  authority  vested  in  nnmicipal 
corporations  as  provi<led  in  section  i^J. 

Section  24.  ex.iniine  and  test  all  measurin;;  devices  and  test  the  same 


RI'X.ULATJON    OK    PUI'.LU:    UTILITIES.  13 

upon  request  of  consumer ;  any  consumer  may  liave  tests  made  on  pay- 
ment of  fees  fixed  by  commission.  —  fee  to  he  paid  by  utility  if  the 
appliance  is  found  to  be  defective. 

Section  25,  commission  ma\'  purchase  a])i)aratus  and  measuring  in- 
struments. 

Section  26,  may  eiUer  premises  for  the  ])urposc  of  making  examina- 
tions and  tests,  and  to  set  u]i  a])paratus  needed  for  tests. 

Section  36.  adopt  rules  to  govern  all  inspections,  tests,  audits,  in- 
vestigations and  hearings. 

Section  37,  inquire  into  management  of  business  and  kec]:)  informed 
as  to  manner  and  methods. 

Section  46.  if  any  rates,  tolls,  charges  or  schedules,  or  regulations, 
measurement,  practice,  act  or  service  complained  of  shall  be  found  to 
be  unjust,  unreasonable,  insufficient  or  preferential,  the  commission  shall 
have  power  to  substitute  therefor  such  other  regulation,  measurement, 
practice,  service  or  act  and  to  make  such  order  respecting  the  same  as 
shall  be  just  and  reasonable. 

Section  60: 

4.  Orders  fixing  regulations  to  take  effect  in  twenty  days  unless, 
otherwise  specified. 

Section  63,  regulations  fixed  by  commission  to  remain  in  force  until 
otherwise  ordered  by  court. 

Section  87.  every  municipal  council  shall  have  power, 

1.  To  determine  by  contract,  ordinance  or  otherwise,  the  quality 
and  character  of  each  kind  of  jjroduct  or  service  to  be  furnished  or  ren- 
dered by  any  public  utility  furnishing  any  product  or  service  within  said 
municipality  and  all  other  terms  and  conditions  not  inconsistent  with 
this  act  upon  which  such  ])ublic  utility  may  be  yermitted  to  occupy  the 
streets,  highways  or  other  public  property  within  such  municipality  and 
such  contract,  ordinance  or  other  determination  of  such  municipality 
shall  be  in  force  and  prima  facie  reasonable.  Upon  complaint  made  by 
such  ])ublic  utility  or  by  any  qualified  complainant  as  provided  in  sec- 
tion 1797m — 43,  the  commission  shall  set  a  hearing  as  provided  in  sec- 
tions 1797m — 45  and  1797m — 46,  and  if  it  shall  find  such  contract,  or- 
dinance or  other  determination  to  be  unreasonal)lc,  such  contract,  or- 
dinance or  other  determination  shall  be  void. 

2.  To  require  of  any  public  utility  by  ordinance  or  otherwise  such 
additions  and  extensions  to  its  physical  plant  within  said  municipality 
as  shall  be  reasonable  and  necessary  in  the  interest  of  the  public,  and  to 
designate  the  location  and  nature  of  all  such  additions  and  extensions,  the 
time  within  which  they  must  be  completed  and  all  conditions  under  which 
they  must  be  constructed  subject  to  review  by  the  commission  as  pro- 
vided in  subdivision  i  of  this  section. 


14  LK(..I>I..\  I  1\  I      Kl.l  I   KI-..\(  I      IH-.l' \KIMI..\  I  ,    iillln    S  lATI-.    I.ll'.UNKV. 

3.  To  provide  for  a  1  enaity  for  non-compliance  with  the  provisions 
of  any  ordinance  or  resohition  adopted  pursuant  to  the  ])rovisions  hereof. 

4.  The  power  and  authority  granted  in  this  section  shall  exist  and 
be  vested  in  said  municipalities,  anything  in  this  act  to  the  contrary  not- 
withstanding. 

Section  97,  fine  or  imprisonment  for  destroying,  interfering  with  or 
injuring  apparatus  belonging  to  commission. 

I.WESTIGATIOX    OF    ACCIDENTS. 

The  Nezv  York  bill  provides  in  section  47,  that  "each  commission  shall 
investigate  the  cause  of  all  accidents  on  any  railroad  or  street  railroad 
within  its  district  which  result  in  loss  of  life  or  injury  to  persons  or 
property,  and  which  in  its  judgment  shall  require  investigation.  Every 
common  carrier,  railroad  corporation  and  street  railroad  corporation  is 
hereby  required  to  give  immediate  notice  to  the  commission  of  every 
accident  happening  upon  any  line  of  railroad  or  street  railroad  owned, 
operated,  controlled  or  leased  by  it,  within  the  territory  over  which  such 
commission  has  jurisdiction,  in  such  manner  as  the  commission  may  di- 
rect. Such  notice  shall  not  be  admitted  as  evidence  or  used  for  any  pur- 
pose against  such  common  carrier,  railroad  corporation  or  street  railroad 
corporation  giving  such  notice  in  any  suit  or  action  for  damages  growing 
out  of  any  matter  mentioned  in  said  notice. 

The  IViscoiisiii  bill  provides  in  section  loi,  that: 

1.  Every  public  utility  shall,  whenever  an  accident  attended  with 
loss  of  human  life  occurs  witliin  this  state  upon  its  premises  or  directly 
or  indirectly  arising  from  or  connected  with  its  maintenance  or  opera- 
tion, give  immediate  notice  thereof  to  the  commission. 

2.  In  the  event  of  any  such  accident  the  commission,  if  it  deem  the 
public  interest  require  it,«shall  cause  an  investigation  to  be  made  forth- 
with ;  which  investigation  shall  be  held  in  the  locality  of  the  accideni. 
unless  for  greater  convenience  of  those  concerned  it  shall  order  such 
investigation  to  be  held  at  some  other  place ;  and  said  investigation  may 
be  adjourned  from  place  to  jilace  as  may  be  found  necessary  and  con- 
venient. The  commission  shall  seasonably  notify  the  ])ublio  utility  (^f  the 
time  and  place  of  the  investigation. 

LIAIill.lTV    FOR    LOSS    OK    DA.MACI".    HV    VIOLATION    OK    ACT. 

The  New  Yorh  hill  in  section  38  fixes  liability  for  damage  to  property 
while  in  transit,  and  gives  provisions  to  be  incorporated  in  bills  of  lading. 

Section  40  fixed  liability  for  loss  or  damage  caiLsed  by  violation  of 
this  act,  the  laws  of  the  state  or  the  orders  of  the  commissioiL 

The  IViscoiisi)!  In'tl  ])r(^vidcs  in  section  03,  that  "if  any  public  utility 
shall  flo  or  cause  to  be  done  or  permit  to  be  d<Mic  any  matter,  act  or  thing 


RKOri.ATlOX    OF    PUBLIC    UTILITIES.  15 

in  tliis  act  i)rohibite(l  or  declared  to  be  unlawful,  or  shall  omit  to  do  any 
act,  matter  or  thing  re(|uired  to  be  done  liy  it,  such  ])ublic  utility  shall  he 
liable  to  the  person,  firm  or  corporation  injurel  thereby  in  treble  ihi; 
amount  of  damages  sustained  in  consec|ucnce  of  such  violation  ;  pro- 
vided that  any  recovery  as  in  this  section  provided  shall  in  no  manner 
affect  a  recovery  by  the  state  of  the  ];cnalty  prescribed  for  such  violation." 

SERVICE    AND    EFFECT    OF    ORDERS. 

The  Nczv  York  bill  in  section  23,  provides  that,  "Every  order  of 
a  commission  shall  be  served  upon  every  person  or  corporation  to  be 
affected  thereby,  either  by  personal  delivery  of  a  certified  copy  thereof, 
or  by  mailing  a  certified  copy  thereof  in  a  sealed  package  with  postage 
prepaid,  to  the  person  to  be  affected  thereby,  or,  in  the  case  of  a  cor- 
poration, to  any  officer  or  agent  thereof  upon  whom  a  summons  may  be 
served  in  accordance  with  the  provisions  of  the  code  of  civil  procedure. 
It  shall  be  the  duty  of  every  person  and  corporation  to  notify  the  com- 
mission forthwith,  in  writing,  of  the  receipt  of  the  certified  copy  of 
every  order  so  served,  and  in  the  case  of  a  corporation  such  notification 
must  be  signed  and  acknowledged  by  a  person  or  officer  duly  authorized 
by  the  corporation  to  admit  such  service.  Within  a  time  specified  in 
the  order  of  the  commission  every  person  and  corporation  upon  whom 
it  is  served  must,  if  so  required  in  the  order,  notify  the  commission 
in  like  manner  whether  the  terms  of  the  orrlcr  are  accepted  and  will  be 
obeyed. 

"Every  order  of  a  commission  shall  take  effect  at  a  time  therein 
specified  and  shall  continue  in  force  for  a  period  therein  designated 
unless  earlier  modified  pr  abrogated  by  the  commission,  or  unless  such 
order  be  unauthorized  by  this  or  any  other  act  or  be  in  violation  of  a 
provision  of  the  constitution  of  the  state  or  of  the  United  States." 

The  Wisconsin  bill  in  section  60,  provides  that, 

"i.  Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act.  the  commission  shall  find  any  existing  rates,  tolls,  charges, 
schedules  or  joint  rate  or  rates  to  be  unjust,  unreasonable,  insufficient 
or  unjustly  discriminatory  or  to  be  preferential  or  otherwise  in  violation 
of  any  of  the  provisions  of  this  act,  the  commission  shall  determine  and 
by  order  fix  reasonable  rates,  tolls,  charges,  schedules  or  joint  rates  to 
be  imposed,  observed  and  followed  in  the  future  in  lieu  of  those  found 
lO  be  unjust,  unreasonable,  insufficient  or  unjustly  discriminatory  or 
preferential  or  otherwise  in  violation  of  any  of  the  provisions  of  this 
act. 

"2.  Whenever,  upon  an  investigation  made  under  the  provisions 
of  this  act,  the  commission  shall  find  any  regulations,  measurements,  prac- 
tices, acts  or  service  to  be  unjust,  unreasonable,  insufficient,  preferential. 


\C}  I.KC.rSLATIVK    KKKKKKNi  i:  ,Di:i'ARrMi;N'l      (lUlO    STATK    MltKAKV. 

uiiju>tly  (liscriniinatorx  or  otherwise  in  violation  of  any  of  the  ])rovisions 
of  this  act :  or  shall  find  thai  any  service  is  inadequate  or  that  any  service 
which  can  he  reasonahly  demanded  cannot  be  obtained,  the  commission 
shall  determine  and  declare  and  by  order  fix  reasonable  measurements. 
regidatii>ns.  acts,  practices  or  service  to  be  furnished,  imposed,  observed 
and  followed  in  the  fiUure  in  lieu  of  those  found  to  be  imjust.  unreason- 
able, insufficient,  preferential,  unjustly  discriminatory.  ina<le(|uate  or 
otherwise  in  violation  of  this  act.  as  the  case  may  be.  and  shall  make 
such  other  order  respecting  such  measurement,  regulation,  act.  ])ractice 
or  service  as  shall  be  just  and  reasonable. 

■■3.  Whenever,  upon  an  investigation  made  under  the  provisions  of 
this  act.  the  commission  shall  find  that  any  rale.  toll,  charge,  schedule 
or  joint  rate  or  rates  is  imjust.  unreascmable.  insutificient.  or  unjustly 
discriminatory  or  ])referential  or  otherwise  in  violation  of  any  of  the 
])ro\isions  of  this  act.  or  that  an}-  measurement,  regulation,  practice,  act 
or  service  complained  of  is  unjust,  mu'easonable.  insufficient.  ])referenlial 
or  otherwise  in  violation  of  any  of  the  provisions  of  this  act,  or  it  shall 
lind  that  any  service  is  inadequate  or  that  any  service  which  can  rea- 
sonably be  demanded  cannot  be  obtained,  the  commission  shall  ascertain 
and  declare  and  by  orrler  fix  the  expenses  incurred  by  the  commission 
upon  such  investigation  and  shall  b\'  such  (jrder  direct  such  pul)lic  utility 
to  pay  to  the  state  treasurer  within  twenty  days  thereafter  such  ex- 
l^enses  so  ir^gurred. 

"4.  The  commission  shall  cause  a  certified  copy  of  all  such  orders 
to  be  delivered  to  an  officer  or  agent  of  the  public  utility  afifected  thereb.y. 
and  all  such  orders  shall  of  their  own  force  take  etYect  and  become 
operative  twenty  days  after  service  thereof,  unless  a  difTerent  time  be 
provided  by  said  order." 

FKAXcii  ISI-:  i'Ki\ii.i:(;i-:.s. 

'flic  .VrTi'  ]'('rlc  hill  in  section  5_^  ])ro\i(le^  that.  "Xo  railroatl  cor- 
jjoration.  street  railroad  corporation  or  common  carrier  shall  begin  the 
cfinstruction  of  a  railroad,  or  any  extension  thereof,  nor  shall  it  exercise 
anv  franchise  or  right  imder  any  ])rovision  of  the  railroad  law,  or  of 
an\-  other  law,  not  heretofore  law  full\-  exercised,  without  lirst  having 
obtained  the  ])ermission  and  a])proval  of  the  ])roper  commission.  The 
commission  within  whose  district  such  construction  is  to  be  made 
or  within  whose  district  suili  tranchise  or  rij^ht  is  to  be  exer- 
cised, shall  have  power  to  graiu  the  permission  and  approval  herein 
specified  whejiever  it  shall,  after  <hie  hearing,  determine  that  such  con- 
struction or  such  exercise  of  the  francluNe  or  privilege  is  necessary 
or  convenient  for  the  public  service.  And  if  such  construction  is  to  be 
made,  or  such  franchise  to  be  exercised  in  both  districts,  the  approv.al 
of  both  commissions  shall  be  secured." 


REGULATION    OF    PUHLIC    UTILITIES.  17 

Section  54  provides  that.  "Xo  franchise  nor  any  right  to  or  nnder 
any  franchise,  to  own  or  operate  a  raih'oad  or  street  railroad  shall  be 
assigned,  transferred  or  leased,  nor  shall  any  contract,  or  agreement 
with  reference  to  or  afifecting  any  such  franchise  or  right  be  valid  or 
of  any  force  or  etTect  whatsoever,  unless  the  assignment,  transfer,  lease, 
contract  or  agreement  shall  have  been  approved  by  the  proper  com- 
mission." 

Section  68  provides  that,  "No  gas  or  electrical  corporation  shall  be- 
gin construction  or  exercise  any  right  or  privilege  under  any  franchise 
hereafter  granted,  or  under  any  franchise  heretofore  granted  but  not 
heretofore  actually  exercised  without  first  having  obtained  the  permission 
and  approval  of  the  proper  commission." 

Section  70  provides  that,  "No  gas  or  electric  corporation  shall 
transfer  or  lease  its  franchise,  works  or  system  or  any  part  of  such 
franchise,  or  works  or  system  to  any  other  person  or  corporation,  or 
contract  for  the  operation  of  its  works  and  system,  without  the  written 
consent  of  the  proper  commission." 

The  Wisconsin  hill  provides  in  section  74: 

"i.  No  license,  permit  or  franchise  shall  be  granted  to  any  person, 
co-partnership  or  corporation  to  own,  operate,  manage  or  control  any 
plant  or  equipment  for  the  production,  transmission,  delivery  or  furnish- 
ing of  heat,  light,  water  or  power  in  any  municipality  where  there 
is  in  operation  under  an  indeterminate  permit  as  provided  in  this  act, 
a  public  utility  engaged  in  similar  service,  without  first  securing  from 
the  commission  a  declaration,  after  a  public  hearing  of  all  parties  inter- 
ested, that  there  is  reasonable  necessity  therefor. 

"2.  Any  existing  permit,  license  or  franchise  which  shall  contain 
any  term  whatsoever  interfering  with  the  existence  of  such  second  public 
utility  is  hereby  amended  in  such  a  manner  as  to  permit  such  munici- 
pality to  grant  an  indeterminate  permit  for  the  operation  of  such 
second  public  utility  pursuant  to  the  provisions  of  this  act. 

"3.  No  municipality  shall  hereafter  construct  any  such  plant  or 
equipment  where  there  is  in  operation  under  an  indeterminate  permit  as 
provided  in  this  act.  in  such  municipality  a  public  utility  engaged  in 
similar  service,  without  first  securing  from  the  commission  a  declaration, 
after  a  public  hearing  of  all  parties  interested,  that  there  is  reasonable 
necessity  therefor.  But  nothing  in  this  section  shall  be  construed  as 
preventing  a  municipality  acquiring  any  existing  plant  by  purchase  or 
by  condemnation  as  hereinafter  provided. 

"4.  Nothing  in  this  section  shall  be  construed  so  as  to  prevent 
the  granting  of  an  indeterminate  permit  or  the  construction  of  a 
mimicipal  plant  where  the  existing  public  utility  is  operating  without  an 
indeterminate  permit  as  provided  in  this  act." 

2    p.  r. 


18  LEGISLATIVF.    REFERENCE   DEPARTMENT.    OHIO   STATE   LIRRARV. 

Section  75  jjiovides  that,  "Xo  license,  permit  or  franchise  to  own. 
operate,  manage,  or  control  any  plant  or  equipment  for  the  production, 
transmissi(jn,  delivery  or  furnishing  of  heat,  light,  water  or  power 
shall  be  hereafter  granted  or  transferred,  except  to  a  corporation  dulv 
organized  under  the  laws  of  the  state  of  Wisconsin." 

Section  76  provides  that.  "Every  license,  permit  or  franchise  here- 
after granted  to  any  public  utility  shall  have  the  effect  of  an  indeterminate 
permit  subject  to  the  provisions  of  this  act,  and  subject  to  the  provision 
that  the  municipality  in  which  the  major  part  of  its  property  is  situate 
may  purchase  the  property  of  such  public  utility  actually  used  and 
useful  for  the  convenience  of  the  public  at  any  time  as  provided  herein, 
paying  therefor  the  then  value  of  such  property  as  determined  by  the 
commission  and  according  to  the  terms  and  conditions  fixed  by  said 
commission.  Any  such  municipality  is  authorized  to  purchase  such  prop- 
erty and  every  such  public  utility  is  required  to  sell  such  property  at 
the  value  and  according  to  the  terms  and  conditions  determined  by 
the  commission  as  herein  provided." 

Section  yj  provides  that,  "Any  public  utility  operating  under  an  ex- 
isting license,  permit  or  franchise  shall,  upon  filing  at  any  time  prior  to 
the  expiration  of  such  license,  permit  or  franchise  and  ])rior  to  January 
I,  1908.  with  the  clerk  of  the  municipality  which  granted  such  franchise 
and  with  the  commission,  a  written  declaration  legally  executed,  that  it 
surrenders  such  license,  ])crmit  or  franchise,  receive  \^\  oi)eration  of  law 
in  lieu  thereof,  an  indeterminate  jicrmit  as  provided  in  this  act  ;  and  such 
])ul)lic  utility  shall  hold  sucli  jjcrmit  under  all  the  terms,  conditions  and 
limitritions  of  this  act.  The  filing  of  such  declaration  sh:dl  be  deemed  a 
waiver  by  such  public  utility  of  the  right  to  insist  upon  the  fulfillment  of 
any  contract  theretofore  entcre<l  into  relating  to  anv  rate,  ch.iroe  or  ser- 
vice regulated  by  this  act. 

PRACTICE  nKFORl-:   COMMISSION'S:   IMMTXriN'  o|.-   wnM-ssi-^. 

The  N CIV  York  bill  provides : 

Section  17.     Certified  copies  of  papers  filed  to  be  evidence. 

Section  18.     Fees  to  be  charged  and  collected  by  the  commission. 

Section  19.     Attendance  of  witnesses  and  their  fees. 

Section  20.  Prescribes  methods  of  practice  before  the  commission 
and  of  granting  immunity  to  witnesses,  and  that  tlu'  coinmissioii  shall  not 
be  bound  by  the  technical  rules  of  evidence. 

Section  22.     Re-hearing  before  the  commission. 

Section  45.  I'owcr  to  administer  oaths  in  all  parts  of  the  slate  to 
witnesses  smnmoned  to  testify  in  anv  in(|uirv  ;  conduct  hearings  and  take 
testimony. 

Section  ^S.  (lives  each  commission  power,  of  its  own  motion,  to 
in\-estig:ilc  or  make  in(|uiry,  in  a  maiuu-r  to  be  determined  bv  it.  as  to 


REGULATION    OF   PUBLIC    UTILITIES.  19 

any  act  or  thing  done  or  omitted  to  be  done  by  any  common  carrier,  rail- 
road or  street  railroad  corporation,  and  the  commission  must  make  such 
inquiry  of  any  act  or  thing  done  or  omitted  to  be  done  in  violation  of  any 
provision  of  law  or  in  violation  of  any  order  of  the  commission. 

Section  66 — lo.  Power  to  subpoena  witnesses,  take  testimony  and 
administer  oaths. 

The  Wisconsin  hill  provides  in  section  6,  that  before  final  determina- 
tion of  the  value  of  a  utility,  the  commission  shall,  after  notice  to  the 
public  utility,  hold  a  public  hearing  as  to  such  valuation  in  the  manner 
prescribed. 

The  commission  shall  have  power : 

Section  36.     To  adopt  rules  as  to  practice  and  procedure. 

Section  37.  To  inquire  into  the  management  of  the  business  of  all 
public  utiHties. 

Section  38.     To  inspect  books,  etc.,  of  the  utility. 

Section  39.  To  compel  utility  to  produce  books  and  records  from 
without  the  state. 

Section  41.  The  commission  shall  have  power  to  appoint,  by  an 
order  in  waiting,  an  agent  for  the  purpose  of  making  any  investigation 
with  regard  to  any  public  utility,  whose  duties  shall  be  prescribed  in  said 
order.  Such  agent  shall  have  every  inquisitorial  pow€r  granted  to  the 
railroad  commission  or  granted  by  law  to  a  court  commission.  Any  num- 
ber of  investigations  may  be  conducted  contemporaneously  through  dif- 
ferent agents.  The  decisions  of  the  commission  shall  be  based  upon  its 
examination  of  all  testimony  and  records.  The  commission  may  take 
further  testimony,  order  further  investigation  and  hear  further  argument. 

Section  43.  Any  one  of  certain  public  and  quasi  public  organiza- 
tions or  any  twenty-five  persons  may  complain  as  to  rates,  etc. 

Section  49.  Commission  may  upon  its  own  motion  initiate  an  in- 
vestigation. 

Section  51  provides  for  notice  of  hearing  to  all  parties  in  interest 
and  the  conducting  of  hearings. 

Section  53  provides  that  the  commissioners  shall  have  power  to  ad- 
minister oaths,  certify  to  official  acts,  issue  subpoenas,  compel  attendance 
of  witnesses,  the  production  of  books,  accounts,  papers,  records,  docu- 
ments, and  take  testimony,  and  that  it  shall  be  the  duty  of  the  circuit  court 
of  any  county  or  the  judge  thereof,  on  application  by  the  commission 
to  compel  obedience  to  its  orders. 

Section  54  provides  for  witness  fees  and  when  to  be  paid. 

Section  55  provides  for  the  taking  of  depositions  of  witnesses. 

Section  56.  "A  full  and  complete  record  shall  be  kept  of  all  pro- 
ceedings had  before  the  commission  or  its  agent  on  any  formal  investiga- 
tion had  and  all  testimony  shall  be  taken  down  by  the  stenographer  ap- 
pointed by  the  commission." 


20  LEGISLATIVE    REFERENCE   DEPARTMENT.    OHIO   STATE   LIBRARY. 

Section  58  provides  that  a  certified  transcribed  copy  of  evidence  shall 
have  same  effect  as  original  evidence. 

Section  59  provides  for  furnishing  free  of  cost  to  all  parties  to  an 
investigation  of  a  copy  of  evidence. 

Section  71.  "In  all  actions  and  proceedings  in  court,  arising  under 
this  act  all  processes  shall  be  served  and  the  practice  and  rules  of  evi- 
dence shall  be  the  same  as  in  civil  actions,  except  as  otherwise  herein 
provided.  Every  sheriff  or  other  officer  empowered  to  execute  civil  pro- 
cesses shall  execute  any  process  issued  under  the  provisions  of  this  act 
and  shall  receive  such  compensation  therefor  as  may  be  prescribed  by 
law  for  similar  services." 

Section  72.  "No  person  shall  be  excused  from  testifying  or  from 
producing  books,  accounts,  and  papers  in  any  proceeding  based  upon  or 
growing  out  of  any  violation  of  the  provision  of  this  act  on  the  ground 
or  for  the  reason  that  the  testimony  or  evidence,  documentary  or  other- 
wise, required  of  him  may  tend  to  incriminate  him  or  subject  him  to 
penalty  or  forfeiture ;  but  no  person  having  so  testified  shall  be  prose- 
cuted or  subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any 
transaction,  matter  or  thing  concerning  which  he  may  have  testified  or 
produced  any  documentary  evidence ;  provided,  that  no  person  so  testify- 
ing shall  be  exempted  from  prosecution  or  punishment  for  perjury  in  so 
testifying." 

Section  73.  "Upon  application  of  any  person  the  commission  shall 
furnish  certified  copies  under  the  seal  of  the  commission,  of  any  order 
made  by  it,  which  shall  be  prima  facie  evidence  of  the  facts  stated  therein." 

Section  86  provides  for  a  re-hearing  for  the  determination  of  value. 

Section  102.  "i.  The  commission  shall  inquire  into  any  neglect  or 
violation  of  the  laws  of  this  state  by  any  public  utility  doing  business 
therein,  or  by  the  oflficers.  agents  or  employes  thereof  or  by  anv  person 
operating  the  plant  of  any  public  utility,  and  shall  have  the  power  and  it 
shall  be  its  duty  to  enforce  the  provisions  of  this  act  as  well  as  all  other 
laws  relating  to  pubic  utilities,  and  to  report  all  violations  thereof  to  the 
attorney  general. 

"2.  Upon  the  request  of  the  commission  it  ^hall  be  the  duty  of  the 
attorney  general  or  the  district  attorney  of  the  i)ropcr  county  to  aid  in 
any  investigation,  hearing  or  trial  had  luider  the  provisions  of  this  act, 
and  to  institute  and  prosecute  all  necessary  actions  or  proceedings  for 
the  enforcement  of  this  act  and  of  all  other  laws  of  this  state  relating 
to  public  utilities  and  for  the  punishment  of  all  violations  thereof. 

"4.  The  commission  shall  have  authority  to  employ  counsel  in  any 
proceeding,  investigation,  hearing  or  trial." 

Section  104.  "This  act  shall  not  have  the  effect  to  release  or  waive 
any  right  of  action  by  the  state  or  by  any  person  for  any  right,  penalty 
or  forfeiture  which  may  have  arisen  or  which  may  hereafter  arise,  under 
anv  law  of  this  state;   etc." 


REGULATION    OF    PUBLIC    UTILITILS.  21 

FiNr,s.  F()Rri:iTUKi':s  and  I'1-;\.\li"ii".s. 

The  New  York  bill: 

Section  56.  i.  Every  common  carrier,  railroad  corporation  and 
street  railroad  corporation  and  all  (jfficers  and  agents  of  any  common 
carrier,  railroad  corporation  or  street  railroad  corporation  shall  obey, 
observe  and  com])ly  with  every  order  made  by  the  commission,  under 
authority  of  this  act,  so  long"  as  the  same  shall  be  and  remain  in  force. 
Any  common  carrier,  railroad  corporation  or  street  railroad  corporation 
which  shall  violate  any  provision  of  this  act,  ov  which  fails,  omits  or 
neglects  to  obey,  observe  or  comply  with  any  order  or  any  direction  or 
requirement  of  the  commission,  shall  forfeit  to  the  ])eople  of  the  state 
of  New  ^^ork  not  to  exceed  the  sum  of  five  thousand  dijllars  for  each 
and  every  offense ;  every  violation  of  any  such  order  or  direction  or  re- 
quirement, or  of  this  act,  shall  be  a  separate  and  distinct  offense,  and. 
in  case  of  a  continuing  violation,  every  day's  continuance  thereof  shall 
be  and  be  deemed  to  be  a  separate  and  distinct  offense. 

2.  Every  officer  and  agent  of  any  such  common  carrier  or  cor- 
poration who  shall  violate,  or  who  procures,  aid  or  abets  any  violation 
by  any  such  common  carrier  or  corporation  of  any  provision  of  this 
act,  or  who  shall  fail  to  obey,  observe  and  comply  with  any  order  of 
the  commission  or  any  provision  of  an  order  of  the  commission,  or  who 
procures,  aids  or  abets  any  such  common  carrier  or  corporation  in  its 
failure  to  obey,  observe  and  comply  with  any  such  order  or  provision, 
shall  be  guilty  of  a  misdemeanor. 

Section  58.  i.  Any  cor])oration,  other  than  a  common  carrier, 
raih-oad  corporation  or  street  railroad  corporation,  which  shall  violate 
any  provision  of  this  act,  or  shall  fail  to  obey,  observe  and  comply  with 
every  order  made  by  the  commission  under  authority  of  this  act,  so 
long  as  the  same  shall  be  and  remain  in  force,  shall  forfeit  to  the  people 
of  the  state  of  New  York  a  sum  not  exceeding  one  thousand  dollars 
for  each  and  every  oft'ense  ;  every  such  violation  shall  be  a  separate  and 
distinct  oft'ense,  and  the  ])enalty  or  forfeiture  thereof  shall  be  recovered 
in  an  action  as  provided  in  section  59  of  this  act. 

2.  Everv  person  who.  either  individually  or  acting  as  an  officer 
or  agent  of  a  corporation  other  than  a  C(~»mmon  carrier,  railroad  corpora- 
tion or  street  railroad  corporation,  shall  violate  any  provision  of  this  act 
or  fail  to  obey,  observe  or  compl\-  with  any  order  ma<le  by  the  commis- 
sion under  this  act.  so  long  as  the  same  shall  be  or  remain  in  force,  or 
who  shall  procure,  aid  or  abet  any  such  corporation  in  its  violation  of 
this  act  or  in  its  failure  to  obey,  observe  or  comply  with  any  such  order, 
shall  be  guilty  of  a  misdemeanor. 

3.  In  construing  and  enforcing  the  i)rovisi(jns  of  this  act  relating 
to    forfeitures   and    penalties   the   act   of   any   director,   officer  or   other 


22  LI-J.I.SLAI  1\  K    Kl'.l-i;i<l-..\CE    DI-:P.\U1M1-..N  I  .    iMIlU    S  I  A  1 1-.    I.IHKAKV. 

person  acting  for  or  employed  by  any  common  carrier,  railroad  corpora- 
lion,  street  railroad  corporation  or  corporation,  acting  within  the  scope 
of  his  official  duties  or  employment,  shall  be  in  every  case  and  be  deemed 
to  be  the  act  of  such  common  carrier,  railroad  corporation,  street  rail- 
road corporation  or  corporation. 

Section  59.  An  action  to  recover  for  a  penalty  or  a  forfeiture 
under  this  act  may  be  brought  in  any  court  of  competent  jurisdiction 
in  this  state  in  the  name  of  the  people  of  the  state  of  New  York,  and 
shall  be  commenced  and  prosecuted  to  final  judgment  by  counsel  to  the 
commission.  In  any  such  action  all  penalties  and  forfeitures  incurred 
up  to  the  time  of  commencing  tlie  same  may  be  sued  for  and  recovered 
therein,  and  the  commencement  of  an  action  to  recover  a  penalty  or 
forfeiture  shall  not  be.  or  be  held  to  be.  a  waiver  of  the  right  to  recover 
any  other  penalty  or  forfeiture;  if  the  defendant  in  such  action  shall 
prove  that  during  any  portion  of  the  time  for  which  it  is  sought  to  re- 
cover penalties  or  forfeitures  for  a  violation  of  an  order  of  the  commis- 
sion the  defendant  was  actually  anfl  in  good  faith  prosecuting  a  suit,  ac- 
tion proceeding  in  the  courts  to  set  aside  such  order,  the  court  shall  re- 
mit the  penalties  or  forfeitures  incurred  during  the  pendency  of  such 
suit,  action  or  proceeding.  All  moneys  recovered  in  ainy  such  action, 
together  with  the  costs  thereof,  shall  b.e  paid  into  the  state  treasury  to 
the  credit  of  the  general  fund. 

Section  73.     Same  as  58,  applies  to  gas  and  electric  corporations. 

Section  75.  If  it  be  alleged  and  established  in  an  action  brought  in 
any  court  for  the  collection  of  any  charge  for  gas  or  electricity,  that  a 
price  has  been  demanded  in  excess  of  that  fixed  by  the  commission  or  by 
statute  in  the  municipality  wherein  the  action  arose,  no  recovery  shall 
be  had  therein,  but  the  fact  that  such  excessive  charges  have  been  (nade 
shall  be  a  complete  defense  to  such  action. 

The  Wisconsin  bill: 

Section  93.  If  any  public  utility  shall  do  or  cause  to  be  done  or 
permit  to  be  done  any  matter,  act  or  thing  in  this  act  prohibited  or 
declared  to  be  imlawful,  or  shall  omi^  to  do  any  act,  matter  or  thing 
required  to  be  done  by  it,  such  public  utility  shall  be  liable  to  the  person, 
firm  or  corporation  injured  thereby  in  treble  the  amount  of  damages  sus- 
tained in  consequence  of  such  violation ;  provided  that  any  recovery  as 
in  this  section  ])rovi(lcd.  shall  in  no  manner  affect  a  recovery  by 
the  state  of  the  penalty  prescribed  for  such  violation. 

Sectioh  94  provides  fines  for  any  utility  officer,  agent  or  employe 
who  fails  to  obey  the  orders  of  the  commission. 

Section  95  provides  fines  for  any  utility  violating  the  provisions  of 
this  act  or  refusal  to  obey  the  orders  of  the  commission. 

Section  (/>  i)ro\i;k's  I'lncs  for  any  oflicer  of  town,  village  or  city 
who  fails  to  ob'c\-  orders  of  i-onimissii>n. 


REGULATION    OF   PUBLIC    UTILITIES.  23 

Section  97  provides  fine  or  imprisonment  for  destroying,  interfering 
with  or  injuring  apparatus  belonging  to  the  commission. 

Section  98  provides  that  every  day's  failure  to  comply  with  an  order 
of  the  commission  shall  be  a  distinct  offense. 

Section  102.  3.  Any  forfeiture  or  penalty  herein  provided  shall 
be  recovered  and  suit  therein  shall  be  brought  in  the  name  of  the  state 
of  Wisconsin  in  the  circuit  court  for  Dane  county.  Complaint  for 
the  collection  of  any  such  forfeiture  may  be  made  by  the  commission 
or  any  member  thereof,  and  when  so  made  the  action  so  commenced 
shall  be  prosecuted  by  the  attorney  general. 

Section  104.  All  penalties  and  forfeitures  accruing  under  this  act 
shall  be  cumulative  and  a  suit  for  any  recovery  of  one  shall  not  be  a 
bar  to  the  recovery  of  any  other  penalty. 

COMPLAINT  AGAINST   UTILITIES. 

The  New  York  bill  section  27  provides  that,  "If  any  railroad  cor- 
poration shall  fail  to  install  or  operate  any  switch  connection  with  a 
lateral  line  of  railroad  or  any  side  track  and  switch  connection  after 
written  application  thereof  had  been  made  to  it,  any  corporation  or  per- 
son interested  may  present  the  facts  to  a  commission  by  written  peti- 
tion, and  the  commission  shall  investigate  the  matters  stated  in  such 
petition,  and  give  .<^uch  hearing  thereon  as  it  may  deem  necessary  and 
proper.  If  the  commission  be  of  opinion  that  it  is  safe  and  practicable 
to  have  a  connection,  substantially  as  prayed  for,  established  or  main- 
tained, and  that  the  business  to  be  done  thereon  justifies  the  construction 
and  maintenance  thereof,  it  shall  make  an  order  directing  the  construc- 
tion and  establishment  thereof,  specifying  the  reasonable  compensation 
to  be  paid  for  the  construction,  establishment  and  maintenance  thereof." 

Section  48.  2.  Complaints  may  be  made  to  the  proper  commission 
by  any  person  or  corporation  aggrieved,  by  petition  or  complaint  in 
writing  setting  forth  any  thing  or  act  done  or  omitted  to  be  done  by 
any  common  carrier,  railroad  corporat'on  or  street  railroad  corporatioi'. 
in  violation,  or  claimed  to  be  in  violation  of  any  provision  of  law  or  of 
the  terms  and  conditions  of  its  franchise  or  charter  or  of  any  order 
of  the  commission.  Upon  the  presentation  of  such  a  complaint  the  com- 
mission shall  cause  a  copy  thereof  to  be  forwarded  to  the  person  or  cor- 
poration complained  of.  accompanied  by  an  order,  directed  to  such 
person  or  corporation,  requiring  that  the  matters  complained  of  be 
satisfied,  or  that  the  charges  be  answered  in  writing  within  a  time  to 
be  specified  by  the  commission.  If  the  person  or  corporation  com 
plained  of  shall  make  reparation  for  any  injury  alleged  and  shall  cea-e 
to  commit,  or  to  permit,  the  violation  of  law,  franchise  or  order  charged 
in  the  complaint,  and  shall  notify  the  commission  of  that  fact  before  the 
time  allowed  for  answer,  the  commission  need  take  no  further  action 


24  IJ-.<.I>I..\  I  1\  I-.    Kl.l  I   Kl   .\(  I-.    Dl.l- ARTMKNT.    (»lll(»    SI. Ml-;    l.ll'.NAKV. 

upon  tlie  charges.  If.  however,  the  charges  contained  in  such  petition 
he  not  tlius  satislied.  and  it  shall  appear  to  the  commission  that  there 
are  reasonable  grounds  therefor,  it  shall  investigate  such  charges  in 
such  manner  and  by  such  means  as  it  shall  deem  proper,  and  take  such 
action  within  its  powers  as  the  facts  justify. 

3r  Whenever  either  commission  shall  investigate  an\  matter  com- 
plained of  by  any  person  or  corporation  aggrieved  by  any  act  or  omission 
of  a  common  carrier,  railroad  corporation  or  street  railroad  corporation 
under  this  section  it  shall  be  its  duty  to  make  and  file  an  order  either 
dismissing  the  petition  or  complaint  or  directing  the  common  carrier, 
railroad  corporation  or  street  railroad  corporation  complained  of  to 
satisfy  the  cause  of  complaint  in  whole  or  to  the  extent  which  the  com- 
mission may  specify  and  rc(|uiro. 

Section  49  provides  for  the  hearing  of  complaints  regarding  rates, 
fares  or  charges. 

Section  51  provides  for  the  hearing  of  complaints  regarding  time 
schedules  and  the  running  of  additional  cars  and  trains. 

Section  67.  2.  Xo  cor])oration  or  pers(Mi  shall  furnish  or  put  in 
use  any  gas  meter  which  shall  not  have  been  ins]iected.  proved  and  sealed, 
or  any  electric  meter  which  shall  not  have  been  inspected,  approved, 
stamped  or  marked  by  an  insjjector  of  the  commission.  Every  gas  and 
electrical  corporation  shall  jirovide  or  keep  in  and  ui)on  its  premises  a 
suitable  and  proper  a])paratus,  to  be  approved  and  stampefl  or  marked  by 
the  commission  for  testing  and  proving  the  accuracy  of  gas  and  electric 
meters  furnished  for  use  by  it.  and  by  which  apparatus  every  meter  may 
and  shall  be  tested,  on  the  written  request  of  the  consumer  to  whom  the 
same  shall  be  furnished,  and  in  his  presence  if  he  desires  it. 

If  any  consumer  to  whom  a  meter  has  been  furnished,  shall  recpiest 
the  commission  in  writing  to  inspect  such  meter,  the  commission  shall 
have  the  same  inspected  and  tested;  if  the  same  on  being  so  tested  shall 
be  found  tcj  be.  four  ])er  cent,  if  an  electric  meter,  or  two  per  cent,  if  a 
gas  meter,  defective  or  incorrect  to  the  ])reiudice  of  the  consumer,  the 
inspector  shall  order  the  gas  or  electrical  cor])oration  forthwith  to  re- 
move the  same  and  to  place  instead  thereof  a  correct  meter,  and  the  ex- 
pense of  such  ins|;ection  and  test  shall  be  borne  by  the  c<M-poration  ;  if 
the  same  on  being  so  tested  >liall  be  found  to  be  correct  the  expense  of 
such  ins])ection  and  test  shall  be  l)ornc  by  the  consumer.  .\  uniform  rea- 
sonable charge  shall  be  fixed  by  the  commission  for  this  service. 

.Section  71.  I'pon  the  complaint  in  writing  of  the  mayor  of  a  city, 
the  trustees  of  a  village  or  the  town  board  of  a  town,  or  upon  the  coui- 
plaint  in  writing  of  not  less  than  one  Inmdred  consiuners  or  purchasers 
of  gas  ()!•  electritity  in  cities  o|'  iIk-  fust  and  second  class,  or  of  not  les> 
than  fifty  in  cities  of  the  third  class,  or  not  less  than  twenty-five  else- 
where   either  as  to  the  illuminating  j)ower,  puritv.  ]>ressure  or  price  of 


REGULATION    OF    TURLIC    UTILITIKS.  25 

gas  or  the  initial  efficiency  of  the  electric  incandescent  lam])  sup])ly,  or 
the  regulation  of  the  voltage  of  the  sup])ly  system  used  for  incandescent 
lighting,  or  the  price  of  electricity  sold  and  delivered  in  such  munici])ality, 
the  commission  shall  investigate  as  to  the  cause  for  such  complaint. 

Section  yi.  IJefore  proceeding  under  a  complaint  presented  as  pro- 
vided in  section  71.  the  commission  shall  cause  notice  of  such  coni])]ainl. 
and  the  ])urpose  thereof,  to  he  served  upon  the  person  or  corporation 
affected  therehy.  Such  person  or  corporation  shall  have  an  opportunity  to 
be  heard  in  respect  to  the  matters  complained  of  at  a  time  and  place  to 
be  specified  in  such  notice.  After  a  hearing  and  investigation,  the  com- 
mission within  lawful  limits  may.  by  order,  fix  the  maximum  i)rice  of 
gas  or  electricity  to  be  charged  by  such  corporation  or  person,  or  may 
order  such  improvement  in  the  manufacture  or  supplv  of  such  gas,  in 
the  manufacture,  transmission  or  supply  of  such  electricity,  or  in  the 
methods  employed  by  such  person  or  corporation,  as  will  in  its  judgment 
improve  the  service. 

The  Wisconsin  bill: 

Section  43.  Upon  a  complaint  made  against  any  public  utility  by 
any  mercantile,  agricultural  or  manufacturing  society  or  by  any  body  poli- 
tic or  muncipal  organization  or  by  any  twenty-five  persons,  firms,  corpora- 
tions or  associations,  that  any  of  the  rates,  tolls,  charges  or  schedules  or 
any  joint  rate  or  rates  are  in  any  respect  unreasonable  or  unjustly  dis- 
criminatory, or  that  any  regulation,  measurement,  ])ractice  or  act  what- 
soever affecting  or  relating  to  the  production,  transmission,  delivery  or 
furnishing  of  heat,  light,  water  or  power  or  any  service  in  connection 
therewith  or  the  conveyance  of  any  telejihone  message  or  any  service  in 
connection  therewith  is  in  any  respect  tinreasonable,  insufficient  or  un- 
justly discriminatory,  or  that  any  service  is  inadequate  or  cannot  be  ob- 
tained, the  commission  shall  proceed,  with  or  without  notice,  to  make 
such  investigation  as  it  may  deem  necessary  or  convenient.  Hut  no 
order  affecting  said  rates,  tolls,  charges,  schedules,  regulations,  measure- 
ments, practice  or  act  complained  of  shall  be  entered  by  the  commission 
without  a  formal  public  hearing. 

Section  44.  The  commission  shall,  prior  to  such  formal  hearing, 
notify  the  public  utility  com])lained  of  that  a  complaint  has  been  made, 
and  ten  days  after  such  notice  has  been  given  the  commission  may  ])ro- 
ceed  to  set  a  time  and  place  for  a  hearing  and  an  investigation  as  herein- 
after provided. 

Section  45.  The  commission  shall  give  the  jiublic  utilitv  and  the 
complainant,  if  any,  ten  days'  notice  of  the  time  and  place  when  and 
where  such  hearing  and  investigation  will  be  held  and  such  matters  con- 
sidered and  determined.  Doth  the  pul)lic  utility  and  complainant  shall 
be  entitled  to  be  heard  and  shall  have  process  to  enforce  the  attendance 
of  witnesses. 


26  LEGISLATIVE    REFERENCE   DEPARTMENT,    OHIO   STATE   LIBRARY. 

Section  51  provides  that  in  case  of  iiivestigations  on  the  motion  of  the 
commission  "Notice  of  the  time  and  place  for  such  hearing  shall  be  given 
to  the  public  utility  and  to  such  other  interested  persons  as  the  commission 
shall  deem  necessary  as  provided  in  section  45."" 

CO.MPLAIXTS    BY    UTILITIES. 

The  A^eio  York  hill  in  section  27,  provides  that  the  commission  may 
upon  the  application  of  the  railroad  corporation  in  interest,  order  the 
discontinuance  of  a  switch  connection. 

The  Wisconsin  hill,  section  ^2.  Any  public  utility  may  make  com- 
plaint with  like  effect  as  though  made  by  any  person,  firm,  corporation 
or  association,  mercantile,  agricultural  or  manufacturing  society,  body 
politic  or  municipal  organization.     See  section  43. 

Section  105.  5.  Any  public  utility  being  dissatisfied  with  any  order 
of  the  commission  made  under  the  provisions  of  this  section,  may  com- 
mence an  action  against  it  in  the  circuit  court  in  the  manner  provided  in 
sections  64  to  72,  inclusive  of  this  act,  which  action  shall  be  tried  and  de- 
termined in  the  same  manner  as  is  provided  in  said  sections. 

COMPLAINT    AGAINST    COMMISSION. 

The  Nezv  York  hill,  by  implication,  recognizes  the  right  of  a  public 
utility  to  complain  against  the  orders  of  a  commission,  in  the  following 
clause  in  section  59: 

"If  the  defendant  in  such  action  f  to  recover  penalties  or  forfeitures) 
shall  prove  that  during  any  portion  of  the  time  for  which  it  is  sought 
to  recover  penalties  or  forfeitures  for  a  violation  of  an  order  of  the 
commission  that  defendant  was  actually  and  in  good  faith  prosecuting 
a  suit,  action  or  proceeding  in  the  courts  to  set  aside  such  order,  the  court 
shall  remit  the  penalties  or  forfeitures  inciirred  during  the  pendency  of 
such  suit,  action  or  proceeding." 

Tlie  Wisconsin  hill: 

Section  64.  The  utility  or  any  person  in  interest  may  have  recourse 
to  the  courts  when  dissatisfied  with  any  order  of  the  commission  fixing 
rate  or  regulation. 

Section  83.  The  utility  or  the  municii)ality  may  have  recourse  to 
the  courts  when  dissatisfied  with  determination  of  the  commission  relative 
t(»  price  or  terms  for  municipal  purchase. 

5;iMMARY  PROCEEDINGS  TO  ENFORCE  OBEDIENCE  TO  ORDERS  OF  COMMISSIONS. 

The  New  York  hill: 

.Section  21.  All  actions  and  proceedings  under  this  act,  and  all  ac- 
tions and  proceedings  commenced  or  prosecuted  by  order  of  cither  com- 


REGULATION    OF    PUULIC    UTILITIES.  27 

mission,  and  all  actions  and  proceedings  to  which  either  comrnission  or 
the  people  of  the  state  of  New  York  may  be  parties,  and  in  which  any 
question  arises  under  this  act  or  under  the  railroad  law,  or  under  or  con- 
cerning any  order  or  action  of  the  commission,  shall  be  preferred  over  all 
other  civil  causes  except  election  causes  in  all  courts  of  the  state  of  New 
York  and  shall  be  heard  and  determined  in  preference  to  all  other  civil 
business  pending  therein  excepting  election  causes,  irrespective  of  po- 
sition on  the  calendar.  The  same  preference  shall  be  granted  upon  appli- 
cation of  counsel  to  the  commission  in  any  action  or  proceeding  in  which 
he  may  be  allowed  to  intervene. 

Section  57.  Whenever  either  commission  shall  be  of  opinion  that  a 
common  carrier,  railroad  corporation  or  street  railroad  corporation  sub- 
ject to  its  supervision  is  failing  or  omitting  or  about  to  fail  or  omit  to 
do  anything  required  of  it  by  law  or  l)y  order  of  the  commission,  or  is 
doing  anything  or  about  to  do  anything  or  permitting  anything  or  about 
to  permit  anything  to  be  done,  contrary  to  or  in  violation  of  law  or  of 
any  order  of  the  commissi(in,  it  shall  direct  counsel  to  the  commission 
to  commence  an  action  or  proceeding  in  the  supreme  court  of  the  state 
of  New  York  in  the  name  of  the  commission  for  the  purpose  of  having 
such  violations  or  threatened  violations  stopped  and  prevented  either  by 
mandamus  or  injunction.  Counsel  to  the  commission  shall  thereupon 
begin  such  action  or  proceeding  by  a  petition  to  the  supreme  court  alleging 
the  violation  complained  of  and  praying  for  appropriate  relief  by  way  of 
mandamus  or  injunction.  It  shall  thereupon  be  the  duty  of  the  court 
to  specify  the  time  not  exceeding  twenty  days  after  service  of  a  copy 
of  the  petition,  within  whic'i  the  common  carrier,  railroad  corporation 
or  street  railroad  corporation  complained  of  must  answer  the  petition. 
In  ca.'^e  of  default  iti  answer  or  after  answer,  the  court  shall  immediately 
inquire  into  the  facts  and  circumstances  in  such  manner  as  the  court  shall 
direct  without  other  or  formal  pleadin.gs,  and  without  respect  to  any 
technical  requirement.  Such  other  persons  or  corporations  as  the  court 
shall  deem  necessary  or  proper  to  join  as  parties  in  order  to  make  its 
order,  judgment  or  writs  effective,  may  be  joined  as  parties  upon  appli- 
cation of  counsel  to  the  commission.  The  final  judgment  in  any  such 
action  or  proceeding  shall  either  dismiss  the  action  or  proceeding  or 
direct  that  a  writ  of  mandamus  or  an  injunction  or  both  issue  as  prayed 
for  in  the  petition  or  in  such  modific<l  or  other  form  as  the  court  may 
determine  will  afiford  appropriate  relief. 

Section  74.     Applies  section  57  to  gas  and  electric  corporations. 

The  Wisconsin  bill  depends  upon  actions  for  the  recovery  of  pen- 
alties and  forfeitures  to  secure  obedience  to  the  orders  of  the  commission 
and  it  makes  it  the  duty  of  the  attorney  general  or  the  district  attorney 
of  the  proper  county  to  aid  the  comnu'ssion. 

Section  T02.  2.  Upon  the  request  of  the  commission  it  shall  be 
the  duty  of  the  attorney  general  or  the  district  attorney  of  the  proper 


28  I.K(.I>I.  \  I  l\  I       Kl   I  l.KI.NC  I      Dl- IV\!M  MIX  r.    Ollld    SIA  IK    I.IIIKAKV. 

county  to  aid  in  any  investigation,  hearing  or  trial  had  under  the  pro- 
visions of  this  act.  and  to  institute  and  i)rosecute  all  necessary  actions 
or  proceedings  for  the  enforcement  of  this  act  and  of  all  other  laws 
of  this  state  relating  to  |)uhlic  utilities  and  for  the  inmishment  of  all 
violations  thereof. 

3.  Any  forfeiture  or  penalty  licrcin  ])rovi(k'd  shall  be  recovered 
and  suit  therein  shall  be  brought  in  the  name  of  the  state  of  Wisconsin 
in  the  circuit  court  for  Dane  county.  Complaint  for  the  collection  of 
any  such  forfeiture  may  be  made  by  the  commission  or  anv  member 
thereof,  and  when  so  made  tlie  action  so  commenced  shall  be  ])rosecuted 
by  the  attorney  general. 

4.  The  commission  shall  lia\e  authority  to  em])loy  counsel  in  any 
])rocee(ling.  investigation,  hearing  or  trial. 

POWKR.S   OF    RKGUI.  ATIO.X    C'O.VFIKM  KD   TO    M  U.N' ICIP  \LITIi:S. 

The  Nc2v   York   Bill: 

Section  yy.  If  in  any  city  of  the  hrst  or  second  class  there  now 
exists  or  shall  hereafter  be  created  a  board,  body  or  officer  having 
juri-sdiction  of  matters  pertaining  to  gas  or  electric  service,  such  board, 
body  or  officer  shall  have  and  may  exercise  such  power,  jurisdiction 
and  authority  in  enforcing  the  laws  of  the  state  and  the  orders,  rules  and 
regulations  of  the  commission  as  may  be  prescribed  by  statute  or  bv  the 
v'ommission. 

The  Wisconsi)!  Bill: 

Section  87.     Every  municipal  council  >liall  have  power : 

(t)  To  determine,  by  contract,  ordinance  or  otherwise  the  (luality 
and  character  of  each  kind  of  j^roduct  or  service  to  be  furnished  or 
rendered  by  any  public  utility  furnishing  any  ])roduct  or  service  within 
said  municipality  and  all  other  terms  and  conditions  not  inconsistent 
with  this  act  u])on  which  such  public  utility  may  be  permitted  to  occupv 
the  streets,  highways  or  other  i)ublic  property  within  such  municipality 
and  such  contract,  ordinance  or  other  determination  of  such  municipality 
shall  be  in  force  and  prima  facie  reasonable.  Upon  complaint  made 
by  such  ])ublic  utility  or  by  any  (|ualilied  com|)lainant  as  provided  in 
sections  1797m — 43.  the  commi>>^ion  >liall  set  a  bearing  as  provided  in 
sections  1797m — 45  and  1797m — 4(»  and  if  it  shall  lind  such  contract, 
ordinance  or  other  determinati<»n  to  be  unn-asonable.  such  tniuract, 
ordinance  or  other  detenuination   >hall   be  void. 

(2)  To  i\<|iiire  of  any  public  utility  by  ordinance  or  otherwise 
such  additions  and  extensions  to  its  physical  plant  within  said  munici- 
pality as  shall  be  reasonable  and  necessary  in  ilie  intiiest  of  the  i)nblic, 
and  to  designate  the  location  and  natvue  of  all  such  additions  and  cx- 
tensit)ns,  the  time  within  which  they  must  be  completed  aiid  all  conditions 


REGULATION    OF    PUBLIC    UTILITIES.  29 

under  which  they  must  be  constructed  subject  to  review  by  the  com- 
mission as  provided  in  subdivision  i  of  this  section. 

(3)  To  provide  for  a  penahy  for  non-comphance  with  the  pro- 
visions of  any  ordinance  or  resokition  adopted  pursuant  to  the  provisions 
hereof. 

(4)  The  power  and  authority  gi'anted  in  this  section  shall  exist  and 
be  vested  in  said  mimicipalities.  anything  in  this  act  to  the  contrary 
notwithstanding. 

COURT    REVIEW. 

The  Nczv  York  hill  is  drawn  on  the  assumption  that  the  rights  of 
persons,  corporations  and  bodies  politic  to  resist  the  enforcement  of 
orders  issued  by  the  commission  are  ampl}^  protected  by  provisions  in 
existing  laws.  The  only  recognition  of  such  a  right  to  be  found  in  this 
bill  is  in  the  clause  in  section  50  above  quoted. 

The  Wisconsin  Bill: 

Section  64.  ( i )  An}'  public  utility  and  any  person  or  coporation  in  ' 
interest  being  dissatisfied  with  any  order  of  the  commission  fixing  any 
rate  or  rates,  tolls,  charges,  schedules,  joint  rate  or  rates  or  any  order 
fixing  any  regulations,  practices,  act  or  service  may  commence  an  action 
in  the  circuit  court  for  Dane  county  against  the  commission  as  defendant 
to  vacate  and  set  aside  any  such  order  on  the  ground  that  the  rate  or 
rates,  tolls,  charges,  schedules,  joint  rate  or  rates,  fixed  in  such  order  is 
unlawful,  or  that  any  such  regulation,  practice,  act  or  service  fixed  in 
such  order  is  unreasonable,  in  which  action  the  complaint  shall  be  served 
with  the  summons. 

2.  The  answer  of  the  commission  to  the  complaint  shall  be  served 
and  filed  within  ten  days  after  service  of  the  complaint,  whereupon  said 
action  shall  be  at  issue  and  stand  ready  for  trial  upon  ten  days'  notice 
to  either  party. 

3.  All  such  actions  shall  have  precedence  over  any  civil  cause 
of  a  different  nature  pending  in  such  court,  and  the  circuit  court  shall 
always  be  deemed  open  for  the  trial  thereof,  and  the  same  shall  be 
tried  and  determined  as  other  civil  actions. 

Section  65.  Every  proceeding,  action  or  suit  to  set  aside,  vacate  or 
amend  any  determination  or  order  of  the  commission  or  to  enjoin  the 
enforcement  thereof  or  to  prevent  in  any  way  such  order  or  determina- 
tion from  becoming  effective,  shall  be  commenced,  and  every  appeal  to 
the  courts  or  right  of  recourse  to  the  courts  shall  be  taken  or  exercised 
within  ninety  days  after  the  entry  or  rendition  of  such  order  or  de- 
termination, and  the  right  to  commence  any  such  action,  proceeding  or 
suit  or  to  take  or  exercise  any  such  appeal  or  right  of  recourse  to  the 
courts,  shall  terminate  absolutely  at  the  end  of  such  ninety  days  after 
such  entry  or  rendition  thereof. 


30  LEGISLATIVE    REKEREXCK    DEPAk  I M  i.N  i  .    mi  10    STATE    l.lnKAKV. 

Section  66.  No  injunction  shall  issue  suspending-  or  staying  any 
order  of  the  commission,  except  upon  application  to  the  circuit  court  or 
presiding  judge  thereof,  notice  to  the  commission,  and  hearing. 

Section  67.  i.  If,  upon  the  trial  of  such  action,  evidence  shall  be 
introduced  by  the  plaintiff  which  is  found  by  the  court  to  be  different 
from  that  offered  upon  the  hearing  before  the  conmiission  or  its  an- , 
thorized  agent,  or  additional  thereto,  the  court,  before  proceeding  to 
render  judgment,  unless  the  parties  to  such  action  stipulate  in  writing 
to  the  contrary,  shall  transmit  a  copy  of  such  evidence  to  the  commission 
and  shall  stay  further  proceedings  in  said  action  for  fifteen  davs  from 
the  date  of  such  transmission. 

2.  Upon  the  receipt  of  such  evidence  the  commission  shall  consider 
the  same  and  may  alter,  modify,  amend  or  rescind  its  order  relating  to 
such  rate  or  rates,  tolls,  charges,  schedules,  joint  rate  or  rates,  regula- 
tions, practice,  act  or  service  complained  of  in  said  action,  and  shall  re- 
port its  action  thereon  to  said  court  within  ten  days  from  the  receipt  of 
such  evidence. 

Section  68.  i.  If  the  commission  shall  rescind  its  order  com- 
plained of,  the  action  shall  be  dismissed ;  if  it  shall  alter,  modify  or 
amend  the  same,  such  altered,  modified  or  amended  order  shall  take  the 
place  of  the  original  order  complained  of,  and  judgment  shall  be  rendered 
thereon  as  though  made  by  the  commission  in  the  first  instance. 

2.  If  the  original  order  shall  not  be  rescinded  or  changed  by  the 
commission  judgment  shall  be  rendered  upon  such  original  order. 

Section  69.  Either  party  to  said  action  within  sixty  days  after 
service  of  a  copy  of  the  order  or  judgment  of  the  circuit  court,  may  ap- 
peal to  the  supreme  court.  Where  an  appeal  is  taken  the  cause  shall, 
on  the  return  of  the  papers  lo  the  su])reme  court,  be  immediately  placed 
on  the  state  calendar  of  the  then  ])en(liiig  term  and  shall  be  assignetl  and 
brought  to  a  hearing  in  the  same  manner  as  other  causes  on  the  state 
calendar. 

Section  70.'  In  all  trials,  actions  and  proceedings  arising  under  the 
provisions  of  this  act  or  growing  out  of  the  exercise  of  the  authority  and 
powers  granted  herein  to  the  commission,  the  burden  of  proof  shall  be 
upon  the  party  adverse  to  such  commission  or  seeking  to  set  aside  any 
determination,  requirement,  direction  or  order  of  said  commission,  to 
show  by  clear  and  satisfactory  evidence  that  the  determination,  require- 
ment, direction  or  order  of  the  commission  complained  of  is  unreasonable 
or  unlawful  as  the  case  may  be. 

Section  83.  Gives  the  right  to  the  public  utility  to  appeal  i*>  the 
courts  for  review  of  value  or  terms  fixed  by  the  commission  for  pur- 
chase by  miuiicipality. 


REGULATION    OF    PUBLIC    UTILITIES.  31 

ANNUAL    REPORTS    OF    COMMISSIONS. 

The  Nezv  York  bill : 

Section  i6.  All  proceedings  of  each  commission  and  all  documents 
and  records  in  its  possession  shall  be  public  records,  and  each  commission 
shall  make  an  annual  report  to  the  legislature  on  or  .before  the  second 
Monday  of  January  in  each  year,  which  shall  contain  copies  of  all  orders 
issued  by  it,  and  any  information  in  the  possession  of  the  commission 
which  it  shall  deem  of  value  to  the  legislature  and  the  people  of  the 
state.  Five  hundred  copies  of  each  report,  together  with  abstracts  of 
the  reports  to  such  commission  of  common  carriers,  railroad  corporations 
and  street  railroad  corporations,  and  gas  and  electrical  corporations,  in  ad- 
dition to  the  regular  number  prescribed  by  law,  shall  be  printed  as  a 
public  document  of  the  state,  bound  in  cloth,  for  the  use  of  the  com- 
missioners and  to  be  distributed  by  them  in  their  discretion  to  railroad, 
street  railroad,  gas  and  electrical  corporations  and  other  persons  inter- 
ested therein. 

The    Wisconsin    bill: 

Section  19.  i.  The  commission  shall  publish  annual  reports  show- 
ing its  proceedings  and  showing  in  tabular  form  the  details  per  unit  as 
provided  in  section  1797m — 18  for  all  the  public  utilities  of  each  kind  in 
the  state,-  and  sucli  monthly,  or  occasional  reports  as  it  may  deem  ad- 
visable. 

2.  The  commission  shall  also  publish  in  its  annual  reports  the  value 
of  all  the  property  actually  used  and  useful  for  the  convenience  of  the 
public  and  the  value  of  the  physical  property  actually  used  and  useful 
for  the  convenience  of  the  public,  of  every  public  utility  as  to  whose 
rates,  charges,  service  or  regulations  any  hearing  has  been  held  by  the 
commission  under  section  1797m — 45  and  1797m — 46  or  the  value  of 
whose  property  has  been  ascertained  by  it  under  section  1797m — 5. 

Section  20.  All  facts  and  information  in  the  possession  of  the  com- 
mission shall  be  public  and  all  reports,  records,  files,  books,  accounts, 
papers  and  memoranda  of  every  nature  whatsoever  in  their  possession 
shall  be  open  to  inspection  by  the  public  at  all  reasonable  times  except 
as  provided  in  section  21. 

Section  21.  i.  Whenever  the  commission  shall  determine  it  to  be 
necessary  in  the  interest  of  the  public  to  withhold  from  the  public  any 
facts  or  information  in  its  possession,  such  facts  may  be  withheld  for 
such  period  after  the  acquisition  thereof  not  exceeding  ninety  days  as 
the  commission  may  determine. 

2.  No  facts  or  information  shall  be  withheld  by  the  commission 
from  the  public  for  a  longer  period  than  ninety  days  nor  be  so  with- 
held for  any  reason  whatsoever  other  than  in  the  interest  of  the  public. 


32  LEGISLATIVE    REFERENCE   DEPARTMENT,    OHIO   STATE   LIBRARY. 

PAYMENT  OF  THE  EXPENSES  OF   COMMISSION. 

The  New  York  bill: 

Section.  13  fixes  the  salaries  of  the  commissioners;  counsel  to  the 
commission;  secretary  to  the  commission,  and  provides  that  all  officers, 
clerks,  inspectors,  experts  and  employes  of  a  commission,  and  all  persons 
appointed  by  the  counsel  of  a  commission  shall  receive  the  compensation 
fixed  by  the  commission. 

The  commissioners,  counsel  to  a  commission  and  the  secretary  to 
a  commission,  shall  have  reimbur.sed  to  them  all  actual  and  necessary 
traveling  and  other  expenses  and  disbursements  incurred  or  made  by 
them,  their  officers,  clerks,  inspectors,  experts  and  other  employes,  in  the 
discharge  of  their  official  duties. 

Section  14.  i.  The  salaries  of  the  commissioners,  the  counsel  to 
the  commission,  and  the  secretary  to  the  commission  in  the  first  district 
shall  be  audited  and  allowed  by  the  state  comptroller,  and  paid  monthly 
by  the  state  treasurer  upon  the  order  of  the  comptroller  out  of  funds  pro- 
vided therefor. 

"All  other  salaries  and  expenses  of  the  commission  of  the  first  dis- 
trict shall  be  audited  and  paid  by  the  city  of  New  York." 

2.  All  salaries  and  expenses  of  the  commission  in  the  second  dis- 
trict shall  be  audited  and  allowed  by  the  state  comptroller  and  paid 
monthly  by  the  state  treasurer  tipon  the  order  of  the  comptroller,  out  of 
funds  provided  therefor. 

Section  88.  There  shall  be  appropriated  for  the  use  of  the  com- 
mission, and  for  the  payment  of  salaries  and  disbursements  under  this 
act,  from  money  not  otherwise  appropriated,  the  sum  of  three  hundred 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary. 

The  Wisconsin  bill: 

Section  14.  i.  The  commission  shall  provide  for  the  examination 
and  audit  of  all  accounts,  and  all  items  shall  be  allocated  to  the  accounts 
in  the  manner  prescribed  by  the  commission. 

2.  The  agents,  accountants  or  examiners  employed  by  the  com- 
mission shall  have  authority  under  the  direction  of  the  commission  to 
inspect  and  examine  any  and  all  books,  accounts,  papers,  records  and 
memoranda  kept  by  such  public  utilities. 

Section  107.  A  sum  sufficient  to  carry  out  the  provisions  of  this 
act  is  appropriated  out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated. 


REGULATION    OF    PUBLIC    UTILITIES.  33 

EXPENSES  OF  COMMISSIONS. 
(From  official  sources.) 

Wisconsin. 

The  expenses  of  the  \\  isconsin  commission  last  year  were,  in 
round  numbers,  $100,000. 

New  York. 

As  will  be  seen  by  reference  to  Mr.  Lapp's  analysis  of  the  law, 
New  York  has  two  public  service  commissions ;  the  commission  of  the 
first  district,  with  jurisdiction  limited  to  New  York  city,  and  the  com- 
mission of  the  second  district,  with  jurisdiction  over  the  remainder  of 
the  state.     The  expenditures  are  here  given  separately. 

FIRST   DISTRICT. 

The  expenditures  for  this  district  in  1908  were  $983,000,  of  which 
$747,000  was  paid  in  salaries.  Following  is  the  latest  statement  from 
the  commission :  '"The  emplo)'es  of  the  commission  number  more  than 
600  and  the  total  pay-roll  is  about  $70,000  per  month.  The  annual  ex- 
penditures of  the  commission  amount  to  about  $1,000,000  of  which 
amount  $91,000  is  paid  by  the  state  and  the  balance  by  the  city  of  New- 
York.  Fully  60%  of  the  expenditures  of  the  commission  go  to  the 
maintenance  of  a  large  engineering  force  engaged  in  the  preparation  of 
plans  and  supervision  of  construction  of  subways."  - 

SECOND   DISTRICT. 

The  expenditures  for  this  district  are  reported  as  follows:  For 
1908,  $307,734.05 ;  for  1909,  $276,575.41  ;  for  1910,  $295,443.08.  Ap- 
propriation for  1911,  $372,830.  These  sums  do  not  include  the  state's 
portion  for  grade  crossing  elimination.  There  was  appropriated  for  this 
purpose  in  191 1,  $350,000. 

RESULTS. 

The  New  York  Public  Service  Commission  of  the  first  district  claims 
in  two  years  to  have  saved  the  railway  companies  and  the  people  of  New 
York  city  $3,000,000  in  the  prevention  of  accidents  alone.  The  general 
opinion  seems  to  be  that  the  commission  has  more  than  paid  its  way. 
Periodical  literature  on  the  subject,  almost  without  exception,  is  favor- 
able to  the  commission.  There  are  a  few  dissenting  voices,  however. 
Charles  H.  Young,  of  New  York  city,  is  quoted  in  Colliers  IVcckly. 
October  22,  1910,  as  saying:  "We  need  more  economy  in  state  manage- 
ment and  the  abolition  of  useless  and  extravagant  frills.  For  example, 
the  Public  Service  Commission  costs  the  tax  payers  more  than  $1,000,000 
a  vear  and  does  nothing." 


34  LIXISLATIVI-:    REFERENCE   DEPARTMENT,    OHIO    STATE    LIIJRARY. 

PUBLIC  UTILITIES  COMMISSIONS. 

SELECT  LIST  OF  REFERENCES. 

Bruere,  Henry.     Public  utilities  regulation  in  New  York.    (Annals  of 
American  Academy  of  Political  and  Social  Science.     1908.     v.  31, 

P-  535-5I-) 

An  impartial  discussion  of  the  New  York   Law  by  the  director  of 
the  New  York  Bureau  of  Municipal  Research. 

Commons,  John  R.     How  Wisconsin  regulates  her  public  utilities.  (Re- 
view of  Reviews.     19 10.    v.  42,  p.  215-22.) 
Describes  and  Approves  the  work  of  the  Wisconsin  Commission. 

, .     Physical  valuation  of  public  utilities.      (Independent. 

1908.     V.  65,  p.  582-5.) 

,  .     The  Wisconsin  pubHc  utilities  law.     (Review  of  Re- 


views.*  1907.     V.  36,  p.  221-4.) 

Foote,  a.  R.     Address  delivered  before  the  Wisconsin  Legislature,  June 

5.  19070 

A  pamphlet  of  21  pages  in  which  a  comparison  is  made  of  the  public 
utility  bills  of  New  York  and  Wisconsin. 

GoNGVVER,  C.  S.  How  New  York,  Massachusetts  and  Wisconsin  regu- 
late and  control  public  utilities.  (Ohio  Journal  of  Commerce.  Dec. 
10,  1910  —  Jan.  21,  1911.) 

A  series  of  articles  based  on  an  investigation  of  the  utilities  laws  of 
the  three  .states.  The  purpose  is  "to  present  concisely  and  impartially 
what  other  states  have  done  and  arc  doing." 

Gray,  J.  H.  Public  service  commissions.  (Proceedings  of  American 
Political  Science  Association.     1907.     v.  4,  p.  324-35.) 

Hatton,  W.  H.  Public  service  commissions.  (Proceedings  of  .Amer- 
ican Political  Science  Association.     1907.     v.  4,  p.  305-15.) 

Hudnall,  G.  H.  Public  service  commission  law  of  Wisconsin.  (Pro- 
ceedings of  American  Political  Science  Association.  1907.  v.  4, 
p.  316-23.) 

Kennedy.  J.  S.     New  York  public  service.     (World  To-day.     1910.     v. 

19.  p.  1081-4.) 

An  interesting  descri])lion  of  the  work  of  the  "up  state"  or  second 
district  Public  Service  Commission  of  New  York,  by  the  secretary  of 
the  commission. 

Lapp, T.  A.    Public  utilities.     (American  Political  Science  Review.     1907. 

V.   I.  p.  626-38.) 

A  careful  comparison  of  the  laws  of  New  York  and  Wisconsin 
creating  i^iblic  service  commissions. 


REGULATION'    OF    PUULIC    UT1L1TI'}£S.  'j^)' 

— ,  •     Public  Utilities.      (American  Political  Science  Review. 

1908.     V.  2,  p.  592-5.) 
Public  service  commission  laws.     A  comparison  of   the 


laws    of    New    York,    Wisconsin,    Massachusetts,    New    Jersey    and 
Maryland.     191 1. 

A  pamphlet  of  18  pages.  A  concise  and  impartial  comparison,  pub- 
lished by  the  Legislative  Reference  Department  of  the  Ohio  State  Li- 
brary. 

Marcosson,  L  F.  Curb  on  corporation  abuses :  how  New  York  is  solv- 
ing a  national  problem  in  her  new  commission.  (Saturday  Evening 
Post.     1908.     v.  180,  p.  3-5.) 

• — '■ ," .     Tribunal    for   all    the    people.      (Munsey's    Magazine. 

1910.     V.  43,  p.  731-43.) 

Sets   forth  appreciatively   "how   the   public   service   commissions   oT 
New  York  have  put  an  efifective  curb  on  corporate  abuses." 

Malthie,  Milo  R.  Public  utility  commission  of  New  York  City.  (City 
Club  Bulletin.     1909.    v.  2,  p.  235-50.) 

An  address,  delivered  before  the  City  Club  of  Chicago,  January  16, 
1909,  by  Dr.  Milo  R.  Maltbie,  a  member  of  the  New  York  Public  Ser- 
vice Commission,  first  district.  A  straightforward  and  popular  presen- 
tation of  the  work  of  the  commission. 

New  York  Public  Service  Commission-,  first  district.  Jurisdiction  and 
work.      (1909.) 

A  pamphlet  of  15  pages  setting  forth  clearly  what  the  commission 
has  done  for  the  city  of  New-  York. 

New  York  utilities  bill.     (Outlook.     1907.     v.  86,  p.  221-24.) 

A  brief  editorial  discussion  of  the  principles  of  the  New  York  law. 

New  Y.ORK  utilities  commission.  (Review  of  Reviews.  1907.  v. 
36,  p.  521-4.) 

An  editorial  review  o^  the  work  of  the  commission  for  the  first 
district. 

OsBORN,  T.  M.  Public  service  commission  law  of  New  York.  (Atlantic. 
1908.     V.   loi,  p.  545-54.) 

, .     The    ])ublic    service    commission    law    of    New    York 

State.      (Proceedings    of    American    Political    Science    Association. 

1907.  V.  4,  p.  287-304.)     ' 

A  discussion  by  a  member  of  the  New  York  commission,  second 
district. 

Pollock,  H.  M.  Public  service  commissions  of  the  state  of  New  York. 
(Annals  of  the  American  Academy  of  Political  and  Social  Science. 

1908.  V.  31,  p.  649-58. 


S6*  LEGISLATIVE   REFERENCE   DEPARTMENT,   OHIO    STATE    LIBRARY. 

PoMERENE,  Atlee.  Plca  for  the  enactment  of  a  public  utilities  commis- 
sion law.  (In  his  address  on  the  occasion  of  his  election  to  the 
United  States  Senate,  January  ii,  191 1.) 

Public  utilities:    two  methods  of  control.     (Outlook.     1907.     v.  86, 
P-  532-3-) 
A  brief  editorial  comparison  of  the  Xew  York  and  Wisconsin  laws. 

Solving  a  great  city's  transportation  problem  :  New  York's  mil- 
lion-dollar-a-year  attempt  to  regulate  its  street  railways  by  the  public 
utilities  commission.      (World's  Work.     1907.     v.   15.  p.  9594-9.) 

Stowe,  L.  B.  How  New  Y'ork  deals  with  her  public  service  companies. 
(Review  of  Reviews.     1910.     v.  42,  p.  21 1-5.) 

An  interesting  account  of  the  good  work  accomplished  by  the  Public 
Service  Commission  of  the  first  district.     (New  York  City.) 

,  .     Public  ser\'ice  companies  and  the  people.      (Outlook. 

1910.     V.  95,  p.  515-21.) 
Van  Norman,  L.  E.     New  transportation  era  for  New  York.     (Review 

of  Reviews.     1910.     v.  42,  p.  433-44.) 

Whitney,  T.  H.     Public  service  commission  act  of  New  York.     (Green 
Bag.     1907.     V.  19,  p.  412-24.) 
A  detailed  analysis  of  the  New  York  law. 

Laws  and  Bills. 

Copies  of  public  service  commission  laws  of  the  different  states  and 
of  bills  introduced  in  the  General  Assembly  of  Ohio  and  of  other  states 
are  kept  on  file  in  the  Legislative  Reference  Department  of  the  Ohio 
State  Library.  Reports  of  the  New  York  and  Wisconsin  commissions 
may  also  be  consulted  there. 


29:^VHi9 


UNIVERSITY  OF  CAIvIFORNIA  LIBRARY 


